IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 6004 of 1998(M) --------------------------------- PETITIONER: ------------------- C.K.KANARAN, PROPRIETOR, M/S.RANJAN STORES, KEROSENE WHOLESALE DEALER, VADAKARA KOZHIKODE DISTRICT. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF CIVIL SUPPLIES , BOARD OF REVENUE (CS) THIRUVANANTHAPURAM. 3. DISTRICT SUPPLY OFFICER, KOZHIKODE. 4. TALUK SUPPLY OFFICER, VADAKARA. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.6004/1998 ORDER ON CMP. NO.10674/1998 IN OP. NO.6004/1998 DISMISSED 22.02.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE WHOLESALE AND RETAIL PRICE FIXATION STATEMENT OF KEROSENE OIL APPROVED BY THE DISTRICT COLLECTOR, KOZHIKODE. EXT.P2:- COPY OF THE CHARGE MEMO NO.CS.5-2773/93 DT. 5.5.94 ISSUED BY THE TALUK SUPPLY OFFICER. EXT.P3:- COPY OF THE ORDER OF TALUK SUPPLY OFFICER, VADAKARA NO.CS5/2773/93 (1) EXT.P4:- COPY OF THE ORDER NO.CS5.8822/94 DT. 31.3.95 OF DISTRICT SUPPLY OFFICER, KOZHIKODE. EXT.P5:- COPY OF THE ORDER NO.CS.C3-24571/95/KIDIS. DT 9.2.96 OF 2ND RESPONDENT. EXT.P6:- COPY OF THE ORDER G.O.(RT) NO.58/98/F&CSD DT. 11.3.98 OF IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- O.P. No. 6004 OF 1998 --------------------------------------- Dated this the 22nd day of February, 2008. J U D G M E N T Petitioner approached this Court mainly with two grievances; one regarding differential cost and other regarding leakage allowance. It is not in dispute that the issue of differential cost is covered against the petitioner. As far as the leakage allowance is concerned, it is submitted that the issue is covered in favour of the petitioner, in view of the decision reported in O.P.No.8620/1993. 2. Petitioner may approach the first respondent and make an appropriate representation, in which case, the matter will be duly considered by the first respondent and appropriate action in accordance with law for refund of the benefits, if any, in the light of the judgment referred to above, shall be taken by the first respondent within a period of another two months. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 6004 OF 1998 J U D G M E N T 22.02.2008