Question of safety to the public and households on the use and supply of #LPG cylinders
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(2015) 418 KLW 507

IN THE HIGH COURT OF KERALA AT ERNAKULAM

ASHOK BHUSHAN, C.J. & P.R. RAMACHANDRA MENON, J.

W.P.(C). Nos. 1239 & 18739 of 2012

Dated this the 16th day of June, 2015 

PETITIONER(S)

ROSY ARAKKAL

BY ADV. SRI.BASIL ATTIPETTY 

RESPONDENT(S)

1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHPARAM PIN - 695 001.

2. DIRECTOR GENERAL OF POLICE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.

3. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, CIVIL STATION, KAKKANAD ERNAKULAM - 682 030.

4. DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM DISTRICT, COCHIN - 683 101.

5. CIRCLE INSPECTOR OF POLICE, NARAKKAL, VYPIN ISLAND - 682 505.

6. KARUNA AGENCIES - INDANE DISTRIBUTORS, NARAKKAL, VYPIN ISLAND, NARAKKAL.P.O PIN - 682 505.

7. MINISTRY OF PETROLEUM AND NATURAL GAS, GOVERNMENT OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT SASTHRI BHAVAN, NEW DELHI - 110 001.

8. INDIAN OIL CORPORATION , REPRESENTED BY ITS SECRETARY, INDIAN OIL CORPORATION BHAVAN, ALI YAVAR, JUNG MARG BHANDRA EAST, MUMBAI - 400 051.

9. CHIEF LIQUIFIED PETROLEUM GAS WING MANAGER, INDIAN OIL CORPORATIN, KERALA STATE OFFICE, PANAMPILLY NAGAR, COCHIN - 682 080.

10. THE MANAGER, HINDUSTAN PETROLEUM CORPORATION (LPG) LIQUIFIED PETROLEUM GAS WIGN, IRUMPANAM THRIPUNITHURA - 682 304.

11. THE MANAGER, BHARAT PETROLEUM CORPORATION, LIQUIFIED PETROLEUM GAS WING, AMBALAMEDU - 682 304. 

R1 TO R5 BY SR.GOVT. PLEADER SRI.P.I.DIAS R7 BY ADVS. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.N.NAGARESH, AGE OF INDIA. R8 TO 11 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI

J U D G M E N T 

Ashok Bhushan, C.J. 

Heard the learned counsel for the petitioner Sri.Basil Attipetty, learned counsel appearing for the Indian Oil Corporation as well as the learned Government Pleader.

2. These two writ petitions raise the question of safety to the public and households on the use and supply of LPG cylinders. Suo motu proceedings were initiated on anonymous complaint which was received in the Court wherein reference was made to various accidents involving blast of LPG cylinders. 

The said public interest litigation was initiated, although an issue was noted in view of the judgment of the Apex Court in 

Divine Retreat Centre V. Sate of Kerala and Others [(2008) 3 SCC 542]

It has been held by the Apex Court that public interest litigation should not be initiated on the basis of anonymous complaints. The said issue has now become not much relevant, in view of the other writ petition ie; WP(C) No.1239/2012 preferred by the named petitioner, where following reliefs have been sought for:-

“i) Respondents 1 and 7 may be directed to take urgent and immediate steps to ensure that the LPG manufactures and dealers are supplied LPG gas cylinders in Kerala with security measures as required by the law. 

ii) The 7th respondent may be directed to issue orders to the LPG manufactures to supply the LPG cylinders having the required standards in accordance with rules in Kerala. 

iii) The 3rd respondent may be directed to visit the places at Vypin Island, Nayarambalam and Kothamangalam where the LPG cylinder burst occurred and take the stock of the situation and make reports to this Hon'ble Court the steps taken so as to avoid further LPG cylinder bursting. 

iv) Respondents 2,3, 4 and 5 may be direct to take vigil on the supply of LPG cylinders in kerala. 

v) Pass any other appropriate writ, order or direction which this Honourable Court may deem fit and proper in the nature and circumstances of the case.”

3. In WP(C) No.18739/2012, the IOC has filed a statement on behalf of respondents 4 & 5, where several issues relating to safety of LPG cylinders and safety measures taken by the company have been detailed. The 6th respondent (Bharath Petroleum Corporation Limited) has also filed a counter affidavit explaining the steps and measures taken by the Corporation for safety. In the counter affidavit, details of the safety measures which are taken while supplying the LPG cylinders for its retail customers are described in paragraph 3. Measures and steps which are to be taken during the uploading have also been detailed. It is for the Oil Marketing Companies to take necessary steps in this regard; having undertaken supply of LPG to the household consumers/commercial consumers and others concerned. In view of the detailed statements which have been brought on record on behalf of the Bharat Petroleum Corporation Ltd., Hindustan Petroleum Corporation and Indian Oil Corporation, we see no reason to issue any further direction, except that all the measures as referred therein have to be implemented in letter and Exhibit.

4. The learned Government Pleader has further pointed out that, a Group Insurance Scheme have also been formulated and is being implemented by the Corporations. Counter affidavit has also been filed by the State in that regard. The State has also informed that, for ensuring various safety norms and specifications, the Petroleum Explosives Safety Organization, Department of Factories and Boilers, Oil Industry Safety Directorate and Pollution Control Board have been entrusted with certain obligation and duties. Several orders have also been issued under Essential Commodities Act, 1955 for regulating manufacturing and distribution of Liquified Petroleum Gas.

5. Taking into consideration of the materials on record and the measures which have been enumerated on behalf of different Oil/Petroleum Corporations, we are of the view that the IOC, Bharat Petroleum Corporation, Hindustan Petroleum Corporation shall ensure that appropriate safety measures be taken at all the stages and proper supervisor/officials may be deployed/assigned for safety of the people and property. The Companies/Corporation shall check and recheck the safety equipments and all other measures which are necessary. 

With the aforesaid observation, both the writ petitions are disposed of. 

Sd/- ASHOK BHUSHAN, Chief Justice. 

Sd/- P.R. RAMACHANDRA MENON, Judge. 

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