IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 577 of 2007(R) ------------------------ PETITIONER(S): ------------------ M.K.HARIDAS, USHUS, ANAKOTTA ROAD, KOTTAPADY P.O., TRICHUR DISTRICT, KERALA - 680 505. BY ADV. SRI.ANTONY V. PAUL RESPONDENT(S): ------------------- 1. THE CHIEF SECRETARY, GOVT.SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY (FINANCE DEPARTMENT), GOVT. SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE SECRETARY, CIVIL SUPPLIES DEPARTMENT, GOVT. SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 4. THE STATE LEVEL CO-COORDINATOR REPRESENTED BY P.U.C. OIL COMPANIES, INDIAN OIL CORPORATION, PANAMPILLY NAGAR, ERNAKULAM. 5. THE SECRETARY, MINISTRY OF FINANCE, ROOM 130, NORTH BLOCK, NEW DELHI. 6. THE SECRETARY, MINISTRY OF PETROLEUM, NORTH BLOCK, SHASTRI BHAVAN, NEW DELHI. WPC NO.577/07 -2- 7. THE SECRETARY, TAX DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM. *ADDL.R8. DOMESTIC GAS CONSUMERS ASSOCIATION, REGISTRATION NO.K.1/2000, REPRESENTED BY ITS SECRETARY, A.D.THOMAS, ALAMPARAMBIL, NEAR SANJEEVANI HOSPITAL, KURISUMMOODU P.O, CHANGANACHERRY. (*IS IMPLEADED AS ADDL.R8 AS PER ORDER DATED 15/2/2007 IN I.A.NO.2126 OF 2007) GOVERNMENT PLEADER SRI.DILEEP MOHAN FOR R1 TO 3 SRI.V.V.SURESH, ADDL.CGSC FOR R5,6 SRI.P.RAMACHANDRAN FOR ADDL.R8 SRI. AJITH KRISHNAN, ADDL.CGSC FOR R5 & R6 SRI.V.V.ASOKAN FOR R4 SMT.S.AMINA FOR R4 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R5 & 6 SRI.T.SANJAY, CGC FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.577/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE JUDGMENT DATED 22/6/2006 IN WPC 34246 OF 2005. EXT.P2: TRUE PHOTOCOPY OF THE BILLS ISSUED TO THE CONSUMERS FROMV ARIOUS DISTRIBUTORS. EXT.P3: TRUE PHOTOCOPY OF THE GAZETTE NOTIFICATION DT 24TH OCTOBER 2006. EXT.P4: TRUE PHOTOCOPY OF THE BILLS ISSUED AFTER THE DATE OF IMPKEMENTATION OF TAX BENEFIT. EXT.P5: TRUE PHOTOCOPY OF THE NEWSPAPER REPORT IN HINDU DAILY DT 21/3/2006 REGARDING THE REDUCTION PF PRICE OF LPG. EXT.P6: TRUE PHOTOCOPY OF REPRESENTATION DT.6TH DECEMBER, 2006. EXT.P7: TRUE COPY OF THE LETTER DATED 8TH MARCH 2007 WRITTEN BY FOOD AND CIVIL SUPPLIES MINISTER. EXT.P8: TRUE COPY OF THE LETTER DT 21ST MARCH 2007 WRITTEN BY UNION MINISTER. EXT.P9: TRUE COPY OF THE LETTER DT 3RD MAY 2007 WRITTEN BY FOOD AND CIVIL SUPPLIES MINISTER. EXT.P10: TRUE COPY OF THE LETTER DATED 16TH MARCH 2007 WRITTEN BY CHIEF MINISTER. EXTS.OF ADDL.R8 EXT.R7(a): TRUE COPY OF THE REPRESENTATION DT 15.1.2007 BY THE PETITIONER BEFORE TH RESPONDENT. EXT.R7(b): TRUE COPY OF THE REPORT IN CITY EXPRESS DT 18.1.2007. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 577 OF 2007 (R) ===================== Dated this the 30th day of September, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the Government/Oil Companies to issue appropriate orders reducing the price of LPG cylinder in accordance with the effective VAT implementation tax rate. A further direction requiring the Government/Oil companies to repay forthwith the excess amount collected from the consumers from 1st of July, 2006 is also sought for. 2. The basis on which the prayer sought is that by Ext.P3- the Kerala Finance Act, 2006, though the tax rate has been reduced from 12.5 to 4%, instead of reducing the price of the LPG proportionately, Oil Companies have increased the price of LPG to offset the short fall arising out of the reduction in the tax rate. 3. On behalf of the Union of India, standing counsel has produced before me copy of the judgment rendered by the Division Bench of this Court in WP(C) No.11891/07, where this Court has dismissed the writ petition with similar prayer holding that this is not an issue which is to be decided by a Court WPC 577/07 :2 : exercising powers under Article 226 of the Constitution of India. Even otherwise, the allegation is that the Oil Companies have increased the price of LPG with a view to avoid reduction in the price consequent on the reduction in the tax rate. This allegation is essentially to be answered by the Oil Companies. But however, none of the Public Sector Oil Companies against which allegations have been made has been impleaded in this writ petition. 4. For the aforesaid reasons, I am not inclined to grant the reliefs sought for by the petitioner. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp