IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 4949 of 2011(P) ------------------------------------- PETITIONER(S): ------------------------ SAILAJA VIJAYAN, AGED 52 YEARS, W/O.VIJAYAN, 'UTHRADOM', KERETTE, VAMANAPURAM, TRIVANDRUM DISTRICT, PIN 695606. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMET, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CONTROLLER, LEGAL METROLOGY, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE ASSISTANT CONTROLLER, LEGAL METROLOGY, KARAMANA, THIRUVANANTHAPURAM- 695002. 4. THE ASSISTANT CONTROLLER, (FLYING SQUAD) LEGAL METROLOGY, KARAMANA, THIRUVANANTHAPURAM- 695002. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.4949 OF 2011 -------------------------------- Dated this the 17th day of February 2011 JUDGMENT The prayer of the petitioner is as follows:- i) Call for the records leading to passing of Ext.P8 order from the third respondent and quash the same by issuing a Writ of Certiorari. ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents 2 to 4 to calibrate and stamp Dispensers provided at the Petrol Pump of the petitioner as requested vide Exts.P6 & P9 so as to enable the petitioner to start-up her new fuel station, forthwith. iii) Issue such other writ, order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of this case and in the interest of justice. 2. In fact the petitioner had approached this Court earlier for the redressal of the grievance by filing W.P.(C) No.1618/2011, which led to Ext.P6 judgment, whereby the second respondent therein (third respondent herein) was directed to consider and pass orders on Ext.P14 produced in the said Writ Petition within two weeks from the date of production of a copy of the judgment. Pursuant to the said verdict, Ext.P8 was passed by the said respondent, turning W.P.(C) No. 4949/2011 - 2 - down the request, stating that he was not having jurisdiction over the area in question and that the matter had to be considered by the fourth respondent herein. The said respondent has also given some other reasons as well, which do not require to be examined for the reason that they should have been brought to the notice of the learned Govt. Pleader, if at all aggrieved and any remedial measures were to be taken. In any view of the matter, since it is stated in Ext.P8 that the said respondent is not having jurisdiction, which could not be brought to the notice of this Court when the matter was disposed of by way of Ext.P7, this Court finds it fit and proper to have the issue dealt with by the competent officer, who is arrayed as the fourth respondent in the present Writ Petition. 3. Accordingly, the fourth respondent is directed to give effect to Ext.P7 judgment by considering the proper (subsequent) application preferred by the petitioner by way of Ext.P9 and pass appropriate orders in accordance with law as expeditiously as possible at any rate within 'ten days' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment, along with a copy of the Writ Petition before the fourth W.P.(C) No. 4949/2011 - 3 - respondent for taking further steps. Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE vdv