Chalappuram Fuels vs The Assistant Controller on 7 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 35792 of 2007(J)


1. CHALAPPURAM FUELS, IOC DEALERS,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT CONTROLLER,
                       ...       Respondent

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/12/2007

 O R D E R
                      ANTONY DOMINIC, J.
                     ===============
                 W.P.(C) NO. 35792 OF 2007 J
               =====================

           Dated this the 7th day of December, 2007

                         J U D G M E N T

Petitioner is a dealer of petroleum products marketed by

the Indian Oil corporation Ltd. The officers of the Legal

Metrology Department have restrained the petitioner from

dispensing fuel through some of the dispensing units in the outlet

on the allegation that there is variation in the quantity dispensed.

Ext.P3 is the inspection report. A reading of Ext.P3 shows that

even according to the Department, they have no case that the

petitioner has tampered with the sales. Subsequent to Ext.P3,

petitioner had requested the Department to re-stamp the

dispensing units and as the request did not yield any result, this

writ petition has been filed praying for directing the respondent

to re-stamp the dispensing units mentioned in Ext.P3 as

expeditiously as possible.

2. This Court had occasion to deal with similar

contentions in WP(C) No.34396/07. In that case also, in a

similarly situated case, as there was no allegation of tampering

with the dispensing unit, the case was disposed of directing that

WPC 35792/07
:2 :

the respondent shall re-stamp the units, as expeditiously as

possible, at any rate within seven days of receipt of a copy of

that judgment.

Adopting the same reasoning, I dispose of this writ petition

also directing that the respondent shall re-stamp the dispensing

units of the petitioner’s outlet, which are also mentioned in

Ext.P3 inspection report, as expeditiously as possible, at any rate

within seven days of production of a copy of this judgment.

However, this shall be without prejudice to any action that the

respondent might initiate against the petitioner.

ANTONY DOMINIC, JUDGE.

Rp