IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 W.P(C).No. 3603 of 2008(D) ---------------------------------- PETITIONER: -------------- JUBY ALEX, KALLUPARAKKAL HOUSE, PHILIP AUTO CARE, DEALER HINDUSTAN, PETROLEUM, KURICHY P.O., CHANGANACHERRY. BY ADV. SRI.JOMY GEORGE SRI.P.REJINARK RESPONDENT: --------------- THE ASSISTANT CONTROLLER, LEGAL METROLOGY, KOTTAYAM. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 3603 OF 2008D = = = = = = = = = = = = = = = = Dated this the 11th February, 2008 J U D G M E N T Petitioner is a dealer of Hindustan Petroleum Corporation in its outlet at Kurichi in Changanacherry. Ext. P1 is a certificate of verification issued by the Department of Legal Metrology. Petitioner submits that the respondent has issued Ext. P2 suspending sales through one of the dispensing units of the petitioner's outlet on the allegation that there was shortage in the quantity of petroleum products delivered through the dispensing unit mentioned in Ext. P2. Thereafter, the petitioner submits that he had submitted Ext. P3 representation requesting the respondent to re-stamp the dispensing unit and since it was not responded, this writ petition has been filed praying for a direction to the respondent to re-stamp the dispensing unit in question. 2. The case was adjourned for the Government Pleader to obtain instruction and today, it is submitted before me that there is W.P.(C) No. 3603 OF 2008 -2- no allegation that the petitioner had resorted to tampering of the equipments or the sales. If that be the factual position, I do not think that for any possible action that the department may initiate for the delivery of lesser quantity, it is necessary to retain the dispensing unit without re-stamping. If delivery of shorter quantity is an offence, it is always open to the respondent to initiate such action as is permissible in law. However, that does not justify delay in acting upon Ext. P3 request made by the petitioner for re- stamping of the dispensing unit mentioned in Ext. P2. Therefore, I dispose of this writ petition directing that the respondent shall re-stamp the dispensing unit mentioned in Ext. P2 as expeditiously as possible, at any rate within 7 days of production of a copy of this judgment. ANTONY DOMINIC JUDGE jan/-