IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 1482 of 2008(B) ------------------------------------- PETITIONER: ------------------- A.M.SADICK, AUTHORISED DEALER OF HINDUSTAN PETROLEUM CORPORATION LTD., N.H BYE PASS, VYTTILA, ERNAKULAM, COCHIN - 682 032. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY RESPONDENT: --------------------- THE ASST.CONTROLLER, LEGAL METROLOGY, KAKKANAD, ERNAKULAM. BY GOVT. PLEADER SRI. C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ========================= W.P.(C)NO. 1482 OF 2008 ========================= Dated this the 17th day of January 2008 JUDGMENT Petitioner is a dealer of the Hindustan Petroleum Corporation Ltd. The respondents had inspected the outlet and issued Ext.P2 memo suspending one of the dispensing units. The reason for such suspension was that the quantity of petroleum dispensed with through the unit was lesser. Though the petitioner submitted Ext.P3 application requesting the respondents for restamping the dispensing unit and in order to revive sales through the dispensing unit in question, there is no action on Ext.P3 and it is in these circumstances, this writ petition has been filed. 2. When the writ petition came up for admission, it was adjourned with a direction to the learned Government Pleader to obtain instructions as to whether there was any allegation of tampering involved. On instructions, today, it is confirmed that there was no such allegation. W.P.(C)1482/2008 2 3. It would appear that the respondents declined to restamp the product, as according to the department, an offence is made out in view of the variation in the quantity that is delivered. It may be true that this amounts an offence under the Standards of Measures (Enforcement) Act 1985. However, since there is no tampering involved, there is no necessity for retaining the dispensing unit as such. 3. Therefore, without prejudice to the right of the respondents to initiate any such action, as is permissible in law, against the petitioners, I direct that the respondents shall re- stamp the dispensing unit mentioned in Ext.P2, as expeditiously as possible, at any rate, within seven days of production of a copy of this judgment. Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE css/