IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 544 of 2008(M) ------------------------ PETITIONER: ------------ SHIBI P.V., PROPRIETRIX, SRI SAI ENTERPRISES, IOC DEALERS, SOUTH CHITTOOR, ERNAKULAM-27. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: ------------- 1. THE ASSISTANT CONTROLLER OF LEGAL METROLOGY, KAKKANADU, ERNAKULAM, KOCHI. 2. THE INSPECTOR, LEGAL METROLOGY, ERNAKULAM. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 544 of 2008 ------------------------------------- Dated: January 11, 2008 JUDGMENT Petitioner is a dealer in petroleum products. On the finding that there was short delivery through one dispensing unit in the petitioner's outlet, respondents have by Ext.P2 suspended sales through the said dispensing unit. Petitioner thereafter filed Ext.P3 application for re-stamping and as that has not been done, this writ petition has been filed. 2. It is not in dispute that there was shortage through the dispensing unit in question. Petitioner only contends that they are not responsible for that. The reason for the delay on the part of the respondents in re-stamping the unit presumably is that they wanted to take action against the petitioner in terms of the provisions contained in the Standard of Weights and Measures (Enforcement) Act, 1985. 3. In my view, even in the notice that is issued, there is no allegation of tampering of the seals on the equipment. Even if the WP(C) 544/2008 Page numbers respondents want to initiate any such action, re-stamping of the dispensing unit in question cannot be of any prejudice to the respondents. If the short delivery that has been noticed, which is also not disputed, amounts to an offence, the respondents are always at liberty to initiate such legal action as is warranted. However, for that, the re-stamping of the dispensing unit need not be kept pending. In view of this, without prejudice to the rights of the respondents to initiate such action as is warranted, I dispose of the writ petition directing that the dispensing unit mentioned in Ext.P2 shall be re-stamped by the respondents as expeditiously as possible, at any rate, within one week of production of a copy of this judgment. ANTONY DOMINIC, JUDGE mt/-