IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 14039 of 2004(U) ------------------------------------- PETITIONER: ----------------- K.P.KANDAYI AND SONS, KOROSENE WHOLESALE DEALER (INDIAN OIL CORPORATION LTD) CIVIL STATION ROAD, KOZHIKODE REPRESENTED BY THE MANAGER PARTNER K.P.MOHANAN. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.T.R.RAJEEV. RESPONDENTS: --------------------- 1. THE SECRETARY TO THE GOVERNMENT, FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPPLY OFFICER, KOZHIKODE. 4. THE CITY RATIONING OFFICER, (NORTH) KOZHIKODE. BY GOVERNMENT PLEADER SRI. M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, ALONG WITH WPC NO. 25608 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 14039/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER DT. 6/11/97 OF THE GOVT. OF INDIA MINISTRY OF PETROLEUM TO CHIEF SECRETARY ALL STATE GOVT./UTS. EXT.P2. COPY OF THE CIRCULAR DT. 17/08/96 OF THE R2. EXT.P3. COPY OF THE PRICE FIXATION STATEMENT OF R4 DT. 2/5/03. EXT.P4. COPY OF THE LETTER DT. 27/10/00 OF GOVT. OF INDIA. EXT.P5. COPY OF THE ORDER DT. 4/6/02 OF GOVT. OF INDIA TO THE SECRETARY FIC ALL STATE GOVT. EXT.P6. COPY OF THE ORDER DATED 24/07/02 OF THE GOVT. OF KERALA. EXT.P7. COPY OF THE JUDGMENT IN OP NO. 38733/02 DT. 3/2/03 HIGH COURT OF KERALA. EXT.P8. COPY OF THE ORDER IN RP NO. 221/04 IN WPC NO. 4663/04 DT. 26/3/04 HIGH COURT OF KERALA. EXT.P9. COPY OF THE DEMAND DATED 28/4/04 OF THE R4. RESPONDENT'S EXHIBITS EXT.R1A. COPY OF THE PRICE FIXATION STATEMENT. EXT.R1B. COPY OF THE PRICE FIXATION CHART. True copy tga K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) Nos.14039 & 25608 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2008 JUDGMENT These two writ petitions being connected, they are disposed of by a common judgment. The prayers in W.P.(C) 14039 of 2004 are as follows: “(i) to call for the records leading to the issue of Ext.P9 notice and quash the same by issue of a writ of certiorari or other appropriate writ or order. (ii) to issue a writ of mandamus or any other appropriate direction or order directing respondents to permit the petitioner to retain the adjustment price collected till the disposal of this writ petition.” 2. The issue in this case relates to the alleged right of the petitioners to retain the adjustment price. Petitioners are kerosene wholesale dealers. They are permitted to collect adjustment price. Adjustment price is essentially a rounding of the end price. Adjustment price is to be collected by the petitioners and made over to the Government. 3. Learned Government Pleader points out that the issue that is raised is squarely covered against the petitioners by virtue of the decision in WPC. 14039 & 25608/04. 2 W.P.(C) No.28814 of 2004. Therein a learned Single Judge of this court has taken the view that the licensed dealers are bound by the directions issued by the Government and the Civil Supplies Department from time to time and are not affected by the levy of adjustment price. Ext.R1(a) is an order passed by the Government pursuant to the direction issued by this court. Therein various benefits have been declared. In the light of the fact that the petitioners are not entitled legally to retain the adjustment price and are bound to make over the adjustment price to the Government, I see no merit in the writ petitions and they are liable to be dismissed and I do so. (K.M. JOSEPH, JUDGE) sb