Shibi P.V. vs The Assistant Controller Of Legal on 11 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 544 of 2008(M)


1. SHIBI P.V., PROPRIETRIX,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT CONTROLLER OF LEGAL
                       ...       Respondent

2. THE INSPECTOR,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/01/2008

 O R D E R
                         ANTONY DOMINIC, J.
              ------------------------------------
                        W.P.(C) 544 of 2008
             -------------------------------------
                       Dated: January 11, 2008

                              JUDGMENT

Petitioner is a dealer in petroleum products. On the finding

that there was short delivery through one dispensing unit in the

petitioner’s outlet, respondents have by Ext.P2 suspended sales

through the said dispensing unit. Petitioner thereafter filed Ext.P3

application for re-stamping and as that has not been done, this writ

petition has been filed.

2. It is not in dispute that there was shortage through the

dispensing unit in question. Petitioner only contends that they are

not responsible for that. The reason for the delay on the part of

the respondents in re-stamping the unit presumably is that they

wanted to take action against the petitioner in terms of the

provisions contained in the Standard of Weights and Measures

(Enforcement) Act, 1985.

3. In my view, even in the notice that is issued, there is no

allegation of tampering of the seals on the equipment. Even if the

WP(C) 544/2008
Page numbers

respondents want to initiate any such action, re-stamping of the

dispensing unit in question cannot be of any prejudice to the

respondents. If the short delivery that has been noticed, which is

also not disputed, amounts to an offence, the respondents are

always at liberty to initiate such legal action as is warranted.

However, for that, the re-stamping of the dispensing unit need not

be kept pending.

In view of this, without prejudice to the rights of the

respondents to initiate such action as is warranted, I dispose of the

writ petition directing that the dispensing unit mentioned in Ext.P2

shall be re-stamped by the respondents as expeditiously as

possible, at any rate, within one week of production of a copy of this

judgment.

ANTONY DOMINIC, JUDGE

mt/-