IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 19856 of 2010(F) -------------------------- PETITIONER(S): ----------------------- JOHN P.CHACKO, MANAGING PARTNER, M/S.UNITED TRADING COMPANY, KEROSENE WHOLESALE DEALER NO.VI, THEKKEMALA, KOZHENCHERRY. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS' SECRETARY FOR FOOD AND CIVIL SUPPLIES, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 4. DISTRICT SUPPLY OFFICER, PATHANAMTHITTA DISTRICT. 5. TALUK SUPPLY OFFICER, KOZHENCHERY. GOVERNMENT PLEADER SRI.GEORGE VADAKKEL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19856/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DEMAND NOTICE DT 20.7.07 ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF THE RELEVANT PAGE OF THE STOCK REGISTER. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 30.9.2000 ISSUED BY THE DIRECTOR OF CIVIL SUPPLIES. EXT.P4: TRUE COPY OF THE BILL DATED 29.9.2000 ISSUED BY THE OIL COMPANY. EXT.P5: TRUE COPY OF THE BILL DATED 30.9.2000 EVIDENCING THE PURCHASE OF 12000 LITERS AT ENHANCED RATE. EXT.P6: TRUE COPY of THE COMMUNICATION DATED 18.6.09. EXT.P7: TRUE COPY OF THE REPRESENTATION DT 16.6.2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19856 OF 2010 ===================== Dated this the 1st day of September, 2011 J U D G M E N T Petitioner has been appointed as a wholesale dealer under the Kerala Kerosene Control Order. In this writ petition, the prayers sought by the petitioner are to quash Ext.P1 to the extent `36,000/- is demanded as differential price and to direct the respondents not to take steps for recovering the said amount. 2. Ext.P1 is a notice issued by the 5th respondent requiring the petitioner to remit an amount of `1,84,430.70/- being the differential price consequent on the price revision, which came into force on the dates mentioned therein. The case of the petitioner is that while quantifying the said liability, the respondents have taken into account the kerosene purchased by the petitioner on 30/9/2000 at the revised price. It is stated that, out of the total quantity reckoned in Ext.P1, 12,000 litres are to be excluded and the differential price demanded will also stand reduced by Rs.36,000/-. It is in this background the writ petition is filed. 3. Ext.P6 is the report made by the District Supply Officer WPC No. 19856/10 :2 : to the 2nd respondent. In this report, 4th respondent has also stated that out of the total quantity reckoned in Ext.P1 demand, 12,000 litres was procured by the petitioner only on 30/9/2000 after the price revision came into force. It is stated that this quantity is liable to be excluded and that from out of the amount of `1,84,430.70/- demanded in Ext.P1, `36,000/- is liable to be deducted. Petitioner sates that though Ext.P6 letter was sent by the 4th respondent to the 2nd respondent, 2nd respondent has not so far issued any consequential orders. It is also seen from Ext.P7 letter of the petitioner addressed to the 5th respondent that the admitted liability has also been discharged by him. 4. In such circumstances, I dispose of this writ petition with the following directions:- (1) That the 2nd respondent to whom Ext.P6 letter has been issued by the 4th respondent shall take a decision thereof, which shall be done as expeditiously as possible at any rate within 6 weeks of receipt of a copy of this judgment. (2) It is directed that in the meanwhile, respondents shall not initiate any steps for recovery of the said amount of `36,000/- from the petitioner and that if the licence of the petitioner is still WPC No. 19856/10 :3 : valid, petitioner will be permitted to carry on his dealership and necessary requisitions will also be issued enabling him to purchase kerosene from the oil companies concerned. ANTONY DOMINIC, JUDGE Rp