Kerala High Court
Linshas Fabrics vs State Of Kerala on 20 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:34323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 20TH DAY OF MAY 2025 / 30TH VAISAKHA, 1947
WP(C) NO. 17177 OF 2025
PETITIONER:
LINSHAS FABRICS
AGED 52 YEARS
REPRESENTED ITS MANAGING PARTNER
KUNHIMOHAMMED C.K, S/O., MOHAMMED C.K
24/17, FALAHIYA ARABIC COLLEGE,
PARAPPANANGADI MALAPPURAM, PIN - 678505.
BY ADVS.
MUHAMMED YASIL
M.A.AHAMMAD SAHEER
E.A.HARIS
AAGI JOHNY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME AFFAIRS GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
W.P.(C)No.17177 of 2025
:2:
2025:KER:34323
2 DISTRICT POLICE CHIEF
CITY POLICE CHIEF, KOZHIKKODE,
PIN - 673001.
3 ASSISTANT COMMISSIONER OF POLICE
FEROKE SUB DIVISION, KOZHIKKODE CITY POLICE
FEROKE P.O, KOZHIKKODE, PIN - 673633.
BY ADV.SRI. AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.17177 of 2025
:3:
2025:KER:34323
JUDGMENT
Dated this the 20th day of May, 2025
The petitioner is the Managing Partner of the firm
Linshas Fabrics. The firm is engaged in selling and marketing of
petroleum products under the authorisation obtained from
Reliance BP Mobility Limited. The petitioner has entered into an
agreement with Reliance BP Mobility Limited as per the
agreement dated 06.03.2025 for dispensation of diesel via their
Mobile Dispensing Unit in the region of Mahe, Malappuram,
Calicut and Kannur for a period of 12 months. In order to
operate the Mobile Dispensing Unit on a vehicle, the petitioner
has obtained CLASS-B licence issued by the Chief Controller of
Explosives, Ernakulam having validity till 2030.
2. The petitioner states that a Mobile Dispensing
Unit (MDU) typically consists of a fuel storage tank, a
2025:KER:34323
dispensing pump, a dispensing nozzle, a flow meter (optional),
a hose and reel system and a control panel. The Mobile Diesel
Dispensing Unit of the petitioner is operated through Goods
Tanker vehicle with registration No.KL-10BF-3291. The Mobile
Dispensing Unit, also known as a bowser, is designed to deliver
diesel fuel on demand to various locations, including industrial
sites, construction sites and even private premises. The meters
and consoles are calibrated and verified by the Legal Metrology
Department.
3. The petitioner was approached by the smaller
fishing boats and the Beypore Fishing Harbour Boat Operators
Association in the Beypore harbour to dispense diesel for boat
engines, as they don't have to travel long distance for getting
the diesel in cans. The Mobile Diesel Dispensing Unit can easily
approach the boat engines anchored in the harbour and
dispense diesel to the users easily.
2025:KER:34323
4. The petitioner, on receipt of the request,
approached the Beypore fishing harbour to dispense the diesel
to boat engines. However, the same was objected by the 3 rd
respondent for reasons unknown to the petitioner. The
petitioner was instructed to appear before the 3rd respondent's
office, wherein he showed the necessary documents for
operation and the licence to operate the Unit. However, the 3 rd
respondent took a stand that the petitioner should not serve
diesel to the boat engine. The 3 rd respondent has not issued
any written order to that effect. Therefore, the petitioner
submitted a written letter to the 3rd respondent not to interfere
with the dispensing of diesel to boat engines.
5. The petitioner submits that the petitioner has a
valid licence and approval for distribution of diesel to any users
on door-to-door delivery basis. The 3rd respondent does not
have any authority to obstruct the movement of the Fuel
2025:KER:34323
Dispensing Unit. It is pertinent to note that the 3 rd respondent
has not issued any notice or letter stating on what grounds the
petitioner shall not distribute diesel to the boat engines. The
action of the 3rd respondent in interfering and harassing the
petitioner not to provide diesel to the users is arbitrary and
illegal.
6. Without any power, the respondents are
frequently disturbing the business of the petitioner and thereby
his right to carry on his business as guaranteed under Article
19(1)(g) is infringed. The petitioner has the right to do his
business activity without any interference or obstruction from
anyone, contends the Counsel for the petitioner.
7. Government Pleader entered appearance and
resisted the writ petition. The Government Pleader submitted
that as far as the vehicle photographed in Ext.P4 with
registration No.KL-10BF-3291, the 3rd respondent has no
2025:KER:34323
objection, as the vehicle carries all the requisite licences and
other documents. The issue arose since another vehicle
bearing registration No.KL-58AE-5551 was used as a Mobile
Fuel Dispensing Unit and the said vehicle did not possess
requisite documents. Therefore, FIR has also been lodged
against the said vehicle.
8. Counsel for the petitioner would submit that
the said offending vehicle does not belong to him and on the
basis of law violations by the said vehicle, the petitioner cannot
be harassed.
9. I have heard the learned Counsel for the
petitioner and the learned Government Pleader representing
the respondents.
10. Admittedly, the petitioner's vehicle bearing
registration No.KL-10BF-3291 possesses requisite documents
and licences as on date. Therefore, the petitioner cannot be
2025:KER:34323
harassed in any manner with regard to running of the said
vehicle and using the same as a Mobile Fuel Outlet.
The writ petition is therefore disposed of directing the
3rd respondent not to trouble the petitioner in respect of the
vehicle bearing registration No. KL-10BF-3291, if no other
offences are involved.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:34323
APPENDIX OF WP(C) 17177/2025
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE AGREEMENT DATED
06.03.2025 ENTERED BETWEEN RELIANCE BP
MOBILITY LIMITED AND THE PETITIONER
Exhibit-P2 A TRUE COPY OF THE PESO LICENSE DATED
08.04.2021 ISSUED TO THE PETITIONER BY
THE CHIEF CONTROLLER OF EXPLOSIVES,
ERNAKULAM
Exhibit-P3 A TRUE COPY OF THE RC BOOK OF THE
VEHICLE
Exhibit-P4 A TRUE COPY OF THE PHOTOGRAPH OF THE
MOBILE DIESEL DISPENSING VEHICLE
Exhibit-P5 A TRUE COPY OF THE CERTIFICATE OF
VERIFICATION DATED 20.05.2024 ISSUED BY
THE DEPUTY CONTROLLER, LEGAL METROLOGY
DEPARTMENT, MANJERI
Exhibit-P6 A TRUE COPY OF THE LETTER DATED
07.04.2025 ISSUED BY THE PRESIDENT,
BEYPORE FISHING HARBOUR BOAT OPERATORS
ASSOCIATION TO THE PETITIONER
Exhibit-P7 A TRUE COPY OF THE LETTER DATED
08.04.2025 SUBMITTED TO THE 3RD
RESPONDENT
Exhibit-P8 A TRUE COPY OF THE RECEIPT DATED
08.04.2025 ISSUED FROM THE 3RD
RESPONDENT OFFICE
