IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 18689 of 2011(I) --------------------------------- PETITIONER(S): ------------------- MATHAI K.IYPE, KODUMULAYIL AGENCIES, KEROSENE WHOLESALE DEPORT (K.W.D) NO.2, MANNAR, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI RESPONDENT(S): --------------------- 1. THE DIRECTOR, CIVIL SUPPLIES, DIRECTORATE OF CIVIL SUPPLIES, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT-688001. 3. THE DISTRICT SUPPLY OFFICER, ALAPPUZHA-688001. 4. THE TALUK SUPPLY OFFICER, CHENGANNUR-689121. 5. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682030. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18689/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.CS 5-3552/10 DATED 24/06/2010 ISSUED BY 5TH RESPONDENT. P2: COPY OF THE PRICE FIXATION STATEMENT NO.KESO/SALES/SKO DATED 28/06/2010 ISSUED BY 1ST RESPONDENT. P3: COPIES OF BILL NOS.7329 TO 7332 DATED 28/06/2010. P4: COPIES OF BILL NOS.7345 TO 7348 DATED 28/06/2010. P5: COPIES OF BILL NOS.7349 TO 7352 DATED 08/07/2010. P6: COPY OF ORDER NO.CS 6/470/2010 DATED 20/08/2010 ISSUED BY 4TH RESPONDENT. P7: COPY OF THE CHALAN DATED 01/10/2010. P8: COPY OF THE LETTER DATED 14/02/2011 FROM THE PETITIONER TO THE 3RD RESPONDENT. P9: COPY OF NOTICE NO. CS6-636/10 DATED 29/06/2011 ISSUED BY 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.18689 of 2011 ---------------------------------------- Dated this the 11th day of July, 2011. J U D G M E N T The prayer sought in this writ petition is to quash Ext.P9 demand notice or in the alternative to direct the 3rd respondent to consider Ext.P8. 2. The demand notice was issued consequent to Ext.P2 price fixation statement. However, the case of the petitioner is that Ext.P2 was received on 30.6.2010 and that before that date, the stock was released to the ARDS. Therefore, the prayer in Ext.P8 is that recovery should be effected from ARDS and that the petitioner should be relieved. 3. This is a matter for the 3rd respondent to consider. Therefore, without expressing anything on merits, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on Ext.P8. This the 3rd respondent shall do within three weeks from the date of production of a copy of this judgment. W.P(C) No.18689 of 2011 2 4. It is directed that in the meanwhile further proceedings pursuant to Ext.P9 will be kept in abeyance. 5. The petitioner to produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance. ANTONY DOMINIC ab JUDGE W.P(C) No.18689 of 2011 3