ALL INDIA L P G DISTRIBUTORS FEDERATION KERALA CIRCLE Vs. UNION OF INDIA
LAWS(KER)-2003-5-22
HIGH COURT OF KERALA
Decided on May 28,2003

ALL INDIA L.P.G.DISTRIBUTORS FEDERATION (KERALA CIRCLE) Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Jawahar Lal Gupta, CJ. - (1.) Are the directions given by the Government of India vide letter dated 10/10/2001 for the transfer of L. P. G. connections from one distributor to another on the basis of viability norms arbitrary and illegal? . This is the primary question that arises for consideration in these cases.
(2.) The petitions in O.P.Nos. 37638/2001 and 15397/2003 contend that the instructions contained in the letter dated October 10, 2001 and the consequential directions given by the Oil Marketing Companies vide letter dated April 28, 2003 are arbitrary and illegal. Copies of these letters have been produced as Exts.P6 and P7. As against this, the petitioners in three cases viz. O.P.Nos.22271 of 2002, 4637 and 8269 of 2003 claim that the instructions are legal and valid. They pray that these instructions should be implemented forthwith so that the newly appointed distributors who have invested substantial amounts are able to sell gas and make a living.
(3.) There is yet another case viz. O.P.No.9289 of 2003. This has been filed by an Association of consumers, who are being supplied gas by the 2nd respondent. They pray that they should not be transferred to any other newly appointed distributor. Apparently, this petition has been filed at the instance of the distributor so as to ensure that the instructions issued by the Government of India are not implemented.;


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