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2023 Supreme(Ker) 37

MURALI PURUSHOTHAMAN
Super Gas Agencies – Appellant
Versus
District Collector, Collectorate, Kakkanad, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: Sri. A. Rajasimhan.
For the Respondent: Sri. Jacob E. Simon - G.P., Smt. Ramola Nayanpally, Sri. Saju J. Vallyara, Smt. Ann Maria Francis, Sri. M. Gopikrishnan Nambiar, Sri. K. John Mathai, Sri. Joson Manavalan, Sri. Kuryan Thomas, Sri. Paulose C. Abraham.

JUDGMENT :

The writ petition is filed challenging Ext.P10 order passed by the District Collector imposing a fine of Rs.10,000/- on the petitioner in exercise of the powers under Section 7 of the Essential Commodities Act, 1955 (for short, 'the Act').

2. The petitioner is a distributor of Liquefied Petroleum Gas (for short, 'LPG') of Indian Oil Corporation. Based on Ext.P6 complaint regarding leakage of the LPG cylinder filed by the 3rd respondent, a customer, the District Collector passed Ext.P10 order finding the petitioner guilty under the LPG (Regulation of Supply and Distribution) Order, 2000 (for short, 'the Order, 2000') and imposing a fine of Rs.10,000/- under Section 7 of the Act.

3. According to the petitioner, the 1st respondent has no authority to impose fine under Section 7 of the Act or under the Order, 2000. Apart from the question of jurisdiction of the District Collector to impose fine, the petitioner has also challenged the order on merits as well as on the ground of violation of the principles of natural justice.

4. A Statement is placed on record on behalf of the District Collector wherein it is stated inter alia that the offences relating to the supply and distribut

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