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1991 Supreme(Ker) 358

PARIPOORNAN, K.A.NAYAR
Taluk Supply Officer – Appellant
Versus
Parakkottil Brothers – Respondent


Judgment :-

Paripoornan, J.

The State is the appellant in both the appeals. Writ Appeal No.414 of 1988 is filed against the judgment of Viswanatha Iyer J. rendered in O.P. No.3346 of 1985. Writ Appeal No.446 of 1988 is preferred against the judgment of Radhakrishna Menon, J. rendered in O.P. No.6104 of 1983. The respondents in the writ appeals are whole-sale distributors of kerosene and licensees under the Kerala Kerosene Control Order 1968. The price of kerosene is fixed by Government from time to time. In case of upward revision, i.e. increase in the price of kerosene, the dealer is bound to sell the stock, existing on the date of increase, at the pre revision price. This is so as per the direction issued by the Board of Revenue. It appears that the respondents (petitioners in the O. Ps.) sold the stock of kerosene at the enhanced rates and not at the pre-revision rates, with result that Government made demands on the respondents for payment of the difference fetched to them at such sales. Attempt was made to realise the excess profits the dealers might have obtained on account of the re-fixation of prices. Ext.Plin both the cases required the whole-sale dealers, the respondents i




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