IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29246 of 2011(E) -------------------------- PETITIONER: --------------- 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 SRI.T.P.RAJENDRAN NAIR RESPONDENTS: --------------- 1. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT-688 001. 3. THE DISTRICT SUPPLY OFFICER, ALAPPUZHA-688 001. 4. THE TALUK SUPPLY OFFICER, CHENGANNUR-689 121. 5. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT-682 030. GOVERNMENT PLEADER SRI. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29246 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1- TRUE COPY OF ORDER NO.CS 5-3552/10 DT. 24.6.2010 ISSUED BY 5TH RESPONDENT. EXHIBIT P2- TRUE COPY OF THE PRICE FIXATION STATEMENT NO. KESO/SALES/SKO DT.28.6.2010 ISSUED BY IST RESPONDENT. EXHIBIT P3- TRUE COPIES OF BILL NOS.7329 TO 7332 DATED 28.6.2010. EXHIBIT P4- TRUE COPIES OF BILL NOS. 7345 TO 7348 DATED 28.6.2010. EXHIBIT P5- TRUE COPIES OF BILL NOS. 7349 TO 7352 DATED 8.7.2010. EXHIBIT P6- TRUE COPY OF ORDER NO.CS 6/470/2010 DT.20.8.2010 ISSUED BY 4TH RESPONDENT. EXHIBIT P7- TRUE COPY OF THE CHALAN DT.1.10.2010. EXHIBIT P8- TRUE COPY OF THE LETTER DT.14.2.2011 FROM THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P9- TRUE COPY OF NOTICE NO.CS6-636/10 DT.29.6.2011 ISSUED BY 4TH RESPONDENT. EXHIBIT P10- TRUE COPY OF JUDGMENT IN WP(C) NO.18689 OF 2011 (I) DT.11.7.2011 IN THIS HONOURABLE COURT. EXHIBIT P11- TRUE COPY OF ORDER NO.CS.8-1194/11 DT.20.10.2011 ISSUED BY 3RD RESPONDENT. EXHIBIT P12- TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DT.29.10.2011. RESPONDENTS' EXHIBITS : NIL //True Copy// PA to Judge ANTONY DOMINIC, J ....................................................... W.P.(C).29246/2011 .............................................. Dated this the 3rd day of November, 2011 JUDGMENT Petitioner is a wholesale dealer of kerosene. By Ext.P6 notice, the fourth respondent demanded from the petitioner differential cost of Rs.36,186/-, on the basis of upward revision of price as per Ext.P2, and this was followed by Ext.P9. Petitioner took up the matter before the District Supply Officer and that was rejected by Ext.P11. Against this proceedings petitioner filed Ext.P12 Revision invoking revisional jurisdiction under Section 18 of the Kerala Kerosene Control Order, before the first respondent. The Revision is pending and at that stage, apprehending coercive action based on Exts.P6 and P9, the writ petition is filed. 2. Taking note of the case of the petitioner regarding the pendency of statutory revision as evidenced by Ext.P12, I dispose of this writ petition directing the first respondent to consider the same with notice to the petitioner and as expeditiously as possible, at any rate, within two months of production of a copy of this judgment along with a copy of the writ petition. In the meanwhile, further proceedings pursuant to Exts.P6 and P9 shall be kept in abeyance. W.P.(C).29246/11 2 Petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 1, 3 and 4 for compliance. ANTONY DOMINIC, Judge mrcs