IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 3416 of 2008(F) ------------------------- PETITIONER: ------------ SIBY JOSEPH, MOOLAYIL HOUSE, NEAR S.B.HIGH SCHOOL, PARTNER, UNITED AGENCIES, COLLEGE ROAD, CHANGANACHERRY. BY ADV. SRI.JOMY GEORGE RESPONDENT: ------------- THE ASSISTANT CONTROLLER, LEGAL METROLOGY, KOTTAYAM. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3416 of 2008 ------------------------------------- Dated: February 4, 2008 JUDGMENT Petitioner is a dealer of HPC Ltd. Ext.P1in the writ petition is the certificate of verification issued by the officers of the Department of Legal Metrology. From Ext.P2 it is seen that sales from two dispensing units in the petitioner's outlet was suspended on the allegation that there were variations in the quantity of petroleum products delivered. A reading of Ext.P2 shows that there is no allegation of tampering of the seals on the dispensing unit. Petitioner thereafter submitted Ext.P3 to the1st respondent requesting for re-stamping of the dispensing units. As the request did not evoke any response from the 1st respondent, this writ petition has been filed praying for directing the respondents to re- stamp the dispensing units mentioned in Ext.P2. 2. As already noticed, neither in EXt.P2 nor in the instructions to the learned Government Pleader, is there any allegation that the petitioner has resorted to tampering with the seals of the WP(C) 3416/08 Page numbers dispensing units and, if that be so, I do not think that the re- stamping of the equipment in question should be delayed any further. If short delivery of petroleum products is an offence by itself, it is always open to the respondent to initiate such action as is permissible against the petitioner. For that matter, in the absence of any allegation of tampering, re-stamping need not be delayed. Accordingly I dispose of this writ petition directing that the respondent shall re-stamp the dispensing units mentioned in Ext.P2 as expeditiously as possible, at any rate, within seven days from the date of production of a copy of this judgment. ANTONY DOMINIC, JUDGE mt/-