M.K.Haridas vs The Chief Secretary on 30 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 577 of 2007(R)


1. M.K.HARIDAS, USHUS, ANAKOTTA ROAD,
                      ...  Petitioner

                        Vs



1. THE CHIEF SECRETARY,
                       ...       Respondent

2. THE PRINCIPAL SECRETARY (FINANCE

3. THE SECRETARY,

4. THE STATE LEVE CO-COORDINATOR

5. THE SECRETARY,

6. THE SECRETARY,

                For Petitioner  :SRI.ANTONY V. PAUL

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/09/2009

 O R D E R
                        ANTONY DOMINIC, J.
                      ================
                  W.P.(C) NO. 577 OF 2007 (R)
                =====================

         Dated this the 30th day of September, 2009

                           J U D G M E N T

The prayer sought in this writ petition is to direct the

Government/Oil Companies to issue appropriate orders reducing

the price of LPG cylinder in accordance with the effective VAT

implementation tax rate. A further direction requiring the

Government/Oil companies to repay forthwith the excess amount

collected from the consumers from 1st of July, 2006 is also sought

for.

2. The basis on which the prayer sought is that by Ext.P3-

the Kerala Finance Act, 2006, though the tax rate has been

reduced from 12.5 to 4%, instead of reducing the price of the LPG

proportionately, Oil Companies have increased the price of LPG to

offset the short fall arising out of the reduction in the tax rate.

3. On behalf of the Union of India, standing counsel has

produced before me copy of the judgment rendered by the

Division Bench of this Court in WP(C) No.11891/07, where this

Court has dismissed the writ petition with similar prayer holding

that this is not an issue which is to be decided by a Court

WPC 577/07
:2 :

exercising powers under Article 226 of the Constitution of India.

Even otherwise, the allegation is that the Oil Companies have

increased the price of LPG with a view to avoid reduction in the

price consequent on the reduction in the tax rate. This allegation

is essentially to be answered by the Oil Companies. But however,

none of the Public Sector Oil Companies against which allegations

have been made has been impleaded in this writ petition.

4. For the aforesaid reasons, I am not inclined to grant

the reliefs sought for by the petitioner.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp