IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 21133 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. KOTTAYAM AND IDUKKI DISTRICT PETROLEUM DEALERS ASSCIATION, KOTTAYAM REPRESENTED BY ITS PRESIDENT JOSE KANIVELIL. 2. KES & COMPANY, IOC DELAER, MUNDAKKAYAM KOTTAYAM, REPRESENTED BY ITS PARTNER, TOM SCARIA, KOCHIPOONANICKAL HOUSE, MUNDAKKARAYAM,KOTTAYAM. 3. JAK & COMPANY, HPC DEALER, K.K.ROAD, KANJIRAPPILLY, KOTTAYAM DISTRICT,REPRESENTED BY ITS PARTNER K.K.KURIAN,POTTANKULAM HOUSE, VELANILAM P.O.,KOOTIKKAL, KOTTAYAM. 4. THARA PETROLEUM AGENCIES, KADUTHURUTHY REP.BY THE MANAGING PARTNER, ANNAMMA JOSE, W/O.JOSE KANIVELIL, MUTTUCHIRA P.O.,KOTTAYAM BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH SMT.C.J.AJITHA RESPONDENT(S): --------------- 1. UNION OF INDIA,REPRESENTED BY THE SECRETARY,MINISTRY OF PETROLEUM AND AND NATURAL GAS,GOVERNMENT OF INDIA,SASTHRI BHAVAN,NEW DELHI. 2. M/S.INDIAN OIL CORPORATION LTD., PANAMPILLY NAGAR,KOCHI-20,REPRESENTED BY ITS DEPUTY GENERAL MANAGER, 3. M/S.HINDUSTAN PETROLEUM CORPORATION LTD TATAPURAM,ERNAKULAM,REP.BY ITS SENIOR REGIONAL MANAGER, 4. THE BHARAT PETROLEUM CORPORATION LTD. IRMPANAM,ERNAKULAM DISTRICT.REPRESENTD BY ITS TERRITORIAL MANAGER. 5. THE KERALA CIVIL SUPPLIES CORPORATION LTD.,TRIVANDRUM,REP.BY ITS MANAGING DIRECTOR, 6. FLUID CONTROL RESEARCH INSTITUTE, (UNDER THE MINISTRY OF INDUSTRIES AND PUBIC ENTERPRISES, GOVERNMENT OF INDIA)KANJIKODE, PALAKKAD, REPRESENTED BY ITS DIRECTOR. ADV. SHRI.K.HARILAL, CGC FOR R1 SMT.MOLLY JACOB,SC,SUPPLYCO FOR R5 ADV.E.K.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.21133 of 2010 ================== Dated this the 3rd day of August, 2010 J U D G M E N T The 1st petitioner is an association of petroleum dealers in Kottayam and Idukki districts. Petitioners 2 to 4 are petroleum dealers who are members of the 1st petitioner association. Their grievance in this writ petition is that oil companies who supply petroleum products to their dealers do not supply the same in standard litres. They would submit that a standard litre means one litre of petroleum product at 15 degree centigrade. According to them, oil companies themselves transact in petroleum products on the basis of the volume of petroleum products at 15 degree centigrade. But that practice is not being followed by the oil companies when they supply petroleum products to the dealers at their outlets, insofar as at the time of supply of the petroleum products at the outlets, temperature would be far higher than 15 degree centigrade. The petitioners submit that that would give the oil companies undue advantage and would give them opportunity to unjustly enrich themselves. They, therefore, would contend that appropriate standardization should be made in respect of supply of petroleum products to their outlets. They would submit that, by Ext.P1, the Government of India had evolved a standardization process which is not being followed by the oil companies. Airing their grievances, the petitioners have submitted Ext.P3 representation before the 1st respondent. The petitioners seek a direction to the 1st respondent to consider and pass orders on Ext.P3 expeditiously. w.p.c.21133/10 2 2. Although I had directed the learned Assistant Solicitor General to get instructions from the 1st respondent as to whether they have any objections in their considering Ext.P3, the Assistant Solicitor General now submits that the file has been handed over to the Central Government Counsel who has some inconvenience today. It is further submitted that instructions from the 1st respondent have not yet been received. Insofar as the only direction called for in this writ petition is to direct the 1st respondent to pass orders on Ext.P3, I do not think it necessary to await further instructions from the 1st respondent. Accordingly, this writ petition is disposed of with the following directions; The 1st respondent shall take up and pass orders on Ext.P3 after affording an opportunity of being head to a representative of the petitioners and the oil companies, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. It would be open to the petitioners to request the 1st respondent to obtain a report in this matter from the 6th respondent, who is stated to be the expert agency competent to give advice regarding the matter, which shall also be appropriately considered by the 1st respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge