M. Ramachandran, J.

O.P. No. 13965 of 1995 had been filed by Cochin Refineries Limited, Which is a Government company. The other two Original Petitions have been filed by Bharat Petroleum Corporation Limited, (BPC) which also is an enterprise of the Government of India. Notices issued by the Department of Legal Metrology are under challenge. O.P. Nos. 13965 and 15818 of 1995 challenge the directions for calibrating the storage tanks installed by the petitioners.

2. O.P. No. 27852 of 2000 has been filed by BPC for a declaration that the flow-meters installed by them at the Loading Gantries, in its Irimbanam Installation, are not required to be calibrated under the Standards of Weights and Measures (Enforcement) Act, 1985 and the Rules thereunder. The impact of the Standards of Weights and Measurements Act, 1976, Enforcement Act, 1985 and Rules framed thereunder comes to be decided in these set of writ petitions. I may deal with the issue of storage tanks, in the first instance, and later on deal with the issue concerning the flow meters.

3. Cochin Refineries Limited is engaged in the manufacture of High Speed Diesel, Petrol, Naphta, raw kerosene, Asphalt, Low Sulphur Heavy Stock, Furnace Oil, LPG and other petroleum products. For the purposes of (1) storage of raw materials imported and pumped into the factory premises, (2) for storage of intermediate products after the first processing and (3) for storing the finished products, facilities in the form of Storage Tanks with capacity ranging from 16000 kilo litres 65000 kilo litres have been installed. All of them may not be used at all times. From the storage tanks, where finished products are kept, the products are removed either by tanker lorries or by pipelines or by Railway Wagons. It has been stated that six tanks are used for storing raw materials. 14 tanks are used for storing intermediate products and 16 storage tanks are intended for storage of other petroleum products. The balance are either kept idle or used for storage of finished products, the other finished products, namely petroleum and High Speed Diesel.

4. Tank No. 70 in the Refinery is used for the purpose of storage of motor spirit. The petitioner-company requested the Legal Metrology Department to witness Calibration, by letter dated 24-10-1994. By Ext. P1 dated 25-10-1994, the Department directed that in view of the provisions of the Enforcement Act and rules, which had come into effect from 25-7-1992, the specification and calibration was required to be done as per Schedule IX A of Part II. The storage tanks were to be recalibrated once in five years and in so far as that the petitioner-company had not taken steps for such calibration the rules stood violated. As such compounding fee, as decided by the Department, was payable so as to escape from coercive proceedings. It has also been pointed out that as the actual volumetric capacity were not furnished, the volume fee could not be calculated. Stamping fee was also required to be paid. The matter was taken up by the petitioner for further deliberations with the Department, and it appears that calibration had been attended, in respect of the tank that had been requested for.

5. The petitioner had thereafter addressed a letter on 5-12-1994 requesting the Department to witness and certify that recalibration of the storage tanks and to exempt the tanks which were used for LPG storage and also intermediate products tanks and other tanks where dip rods were not used. However, this request was rejected, as according to the Department, the exemption could not be granted. The Department stuck on to its stand that in view of the enforcement of the rules additional fee in fact was payable. Therefore, the stamping got delayed. An appeal had been filed by the company to the Government . But, the Government took a stand that as per the relevant rules additional fee for calibration could not be waived. This was by way of Ext. P10. These proceedings are also challen