Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 RP NO. 648 OF 2021 AGAINST THE ORDER/JUDGMENT IN WP(C) 15343/2020 OF HIGH COURT OF KERALA REVIEW PETITIONERS/RESPONDENTS 1 TO 4 IN WPC: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 2 DISTRICT COLLECTOR,KOLLAM DISTRICT CIVIL STATION,KOLLAM-691035 3 DISTRICT SUPPLY OFFICER OFFICE OF THE DISTRICT SUPPLY OFFICER,KOLLAM-691013 4 THE TALUK SUPPLY OFFICER, I ST FLOOR,MINI CIVIL STATION,PUNALUR,KOLLAM-691305 BY ADV GOVERNMENT PLEADER RESPONDENTS/PETITIONER & 5TH RESPONDENT IN WPC: 1 K. GEETHA AGED 52 YEARS W/O K.SIVASSANKARAN,BUSINESS RESIDING AT THADTHARIKATHU (H),VILLUMALAP.O,KULATHUPUZHA,KOLLAM-691310 2 INDIAN OIL CORPORATION LTD REPRESENTED BY THE CHIEF GENERAL MANAGER(LPG), KERALA STATE OFFICE,PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O,COCHIN-682036 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP NO. 648 OF 2021 2
ORDER
Dated this the 30th day of November, 2021 The State of Kerala is in review before this Court aggrieved by the judgment in W.P.(C) No. 15343 of 2020, dated 17.11.2020. The writ petition was filed by the petitioner therein aggrieved by the cancellation of LPG Licence granted to him by the 2nd respondent - District Collector in the writ petition. The writ petition was partly allowed by this Court setting aside Exts.P3 and P6 orders of cancellation. While disposing of this writ petition, this Court in paragraph Nos. 7 and 8 held as follows:-
“7. On a pointed question, learned Government Pleader conceded that no orders have been passed by the State Government authorising the 2nd respondent to exercise the powers under Clause 13. In the circumstances, this Court holds that Exts.P3 and P6 issued purportedly under Clause 13, are ultravires.
8. The learned counsel for the petitioner argued that as Exts.P3
and P6 were issued without any authority of law, the petitioner is entitled to a direction of this Court to the 1st respondent to pay a sum at the rate of ₹65,000/- per month to the petitioner from 05.06.2020 as compensation for loss of business of the petitioner. As the impugned action is found illegal and the loss caused to the petitioner can be ascertained by producing the tax returns filed by the petitioner or by the probable profits that would have been
RP NO. 648 OF 2021 3 made by the petitioner as per the norms fixed by the Oil Companies, this Court need not be hesitant to award compensation in exercise of the powers under Article 226 of the Constitution of India.” The Review Petitioners are aggrieved by the observations.
2. The learned Senior Government Pleader contended
that Clause 13 of the Liquefied Petroleum Gas (Regulation of Distribution and Supply) Order, 2000, empowers the officers of the Civil Supplies Department to exercise the powers thereunder. The learned Senior Government Pleader further relied on Section 6A of the Essential Commodities Act, 1955 to contend that the District Collector has power to seize the articles and confiscate the same. Therefore the observations contained in paragraph Nos. 7 and 8 are not correct and amount to error apparent on the face of the records. Therefore the judgment is liable to be reviewed.
3. I have heard learned counsel for the Review Petitioners and the learned counsel for the writ petitioner.
4. The issue involved in the writ petition was whether the
cancellation of licence granted to the petitioner by the District RP NO. 648 OF 2021 4 Collector was justified or not. No Government Order authorising the District Collector to exercise the powers of cancellation of licence of LPG Distributorship, has been brought to the notice of this Court.
5. The learned Standing Counsel produced Annexure 1
Gazette Notification in the review petition, to contend that the District Collector has such power. However Annexure 1 Gazette Notification dated 18.01.2003 would indicate that by that Gazette Notification, the Government of Kerala has authorised all the Officers of the Civil Supplies Department, not below the rank of Rationing Inspectors, to exercise the functions of stop and search and seizure of goods.
6. This Court finds that neither Annexure 1 Gazette
Notification dated 18.01.2003 nor Clause 13 of the Liquefied Petroleum Gas (Regulation of Distribution and Supply) Order, 2000, nor Section 6A of the Essential Commodities Act, 1955 empowers the District Collector to cancel LPG Licence granted to the petitioner. To that extent there is no error apparent on the RP NO. 648 OF 2021 5 face of records warranting interference of the judgment of this Court in review. However the contentions of the learned Government Pleader raised herein relating to powers of the District Collector for seizure and confiscation, coming under Annexure 1 Gazette Notification, Clause 13 of the Liquefied Petroleum Gas (Regulation of Distribution and Supply) Order, 2000 and Section 6A of the Essential Commodities Act are left open. sd/- N.NAGARESH JUDGE hmh RP NO. 648 OF 2021 6 APPENDIX OF RP 648/2021 PETITIONER ANNEXURE Annexure A1 TRUE COPY OF G.O.(P) NO.2/2003/FCS & CAD DATED 18.01.2003