Roji Paul vs. State Of Kerala
Held
The High Court held that the committee fixing transportation costs failed to hear the distributors and that the transportation cost should include incidental expenses and legitimate profit to ensure the viability of the trade. Consequently, the relevant part of the order was set aside.
Facts
Petitioners, distributors of medicinal oxygen, challenged a government order (Ext.P3) fixing transportation costs for oxygen cylinders. They contended the fixed costs were inadequate, did not cover incidental expenses, and were determined without hearing distributors, making their business non-viable.
Key Issues
Whether the fixed transportation costs for medicinal oxygen cylinders adequately covered incidental expenses and profit, and whether the committee determining these costs should have heard distributors' representatives.
Sections Cited
Section 10(2)(l) of the Disaster Management Act, 2005, Section 3 of the Essential Commodities Act, 1955
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943 WP(C) NO. 15538 OF 2021 PETITIONER/S: 1 ROJI PAUL AGED 45 YEARS, S/O.PAULOSE, PROPRIETOR, MUTUAL GAS AGENCIES, ADIMALI, IDUKKI DISTRICT, RESIDING AT 'POTTACKAL', ADIMALI, IDUKKI-685561. 2 JOHNSON ISSAC, AGED 52 YEARS, S/O.ISSAC ULAHANNAN, PROPRIETOR, NATIONAL GAS AGENCIES, ADIMALI, IDUKKI DISTRICT, RESIDING AT PUNNASSERY HOUSE, KOTHAMANGALAM.P.O, ERNAKULAM-686691. 3 SARIMOL SURESHBABU, AGED 43 YEARS, W/O.SURESH BABU, PROPRIETRIX, EVERGREEN ENTERPRISES, ATHANI, ALUVA, ERNAKULAM DISTRICT, RESIDING AT KOOTHATTU HOUSE, CHENGAMANADU, ATHANI, ERNAKULAM-683578. 4 CHANDRAN.P.S, AGED 57 YEARS, S/O.SIVASANKARAN NAIR, PROPRIETOR, CHAITHANYA GAS AGENCIES, THODUPUZHA, RESIDING AT KRISHNA MANDIRAM, VENGALLOOR, THODUPUZHA, IDUKKI-685608. BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) ARYA JOSEPH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL
W.P.(C) No.15538 of 2021 2 SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE(F)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE KERALA MEDICAL SER
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