WA No.466/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
WA NO. 466 OF 2022
AGAINST COMMON JUDGMENT DATED 28/02/2022 IN WP(C) 12431/2021 OF THIS COURT
APPELLANT/PETITIONER:
KERALA LEGAL METROLOGY LICENCEES AND EMPLOYEES ASSOCIATION
REGISTRATION NO. ER - 196/09, #62-4450, MANJOORAN BUILDING,
MULLASSERY CANAL ROAD, ERNAKULAM, PIN-682 011, REPRESENTED BY ITS
SECRETARY, SHAJI ABRAHAM, AGED 50 YEARS, S/O. K.M. ABRAHAM, RESIDING
AT GARLAND 3, VATTAKUNNAM,KALAMASSERY P.O., PIN - 682 024.
BY ADV.SRI. JOHN MATHEW THEREZHATH
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, DEPARTMENT OF CONSUMER AFFAIRS, GOVERNMENT
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001. REPRESENTED BY ITS
SECRETARY.
2. THE DEPARTMENT OF LEGAL METROLOGY ,LEGAL METROLOGY BHAVAN, VRINDAVAN
GARDENS, PATTOM, THIRUVANANTHAPURAM,PIN - 695004 REPRESENTED BY THE
CONTROLLER OF LEGAL METROLOGY.
3. THE CONTROLLER OF LEGAL METROLOGY, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 685033.
4. UNION OF INDIA, MINISTRY OF FOOD, CIVIL SUPPLIES AND CONSUMER
AFFAIRS, REPRESENTED BY THE DIRECTOR, LEGAL METROLOGY DEPARTMENT OF
CONSUMER AFFAIRS, 461-A, KRISHI BHAVAN, NEW DELHI, PIN - 110001.
BY SENIOR GOVERNMENT PLEADER SRI. K.P.HARISH FOR R1 TO R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the impugned judgment dated 28.02.2022 passed by
the learned Single Judge in W.P.(C) 12431 of 2021, by keeping the
implementation of the Ext.P3 enhanced levy in abeyance as against the
Ext.P6 members of the Appellant Association for the time being, till the
final disposal of this writ appeal, in the interest of justice.
This Writ Appeal coming on for orders along with conencted case on
06/07/2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
WA No.466/2022 2/4
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
----------------------------------
W.A.Nos.801 of 2022 & 466 of 2022
----------------------------------
Dated this the 6th day of July, 2022
ORDER
S.MANIKUMAR, C.J.
These writ appeals are filed by the appellants - All Kerala Legal Metrology Licensees & Employees' Union and its authorised members as well as Kerala Legal Metrology Licencees and Employees Association, challenging the common judgment dated 28.2.2020 in W.P. (C)No.35302/2014 and connected cases.
2. In the writ petitions, appellants/writ petitioners challenged the validity of the Kerala Legal Metrology Rules for enhancing renewal license fee. By the impugned judgment, learned Single Judge upheld the enhancement of license fee and dismissed the writ petitions.
3. When these writ appeals came up for consideration, inviting attention of this court to a letter dated 8.6.2022, which is produced as Annexure A2 in W.A.No.801/22, issued by the Controller, Legal Metrology to all the Authorised Officers informing them to recover the balance licence fee, pursuant to the directions contained in W.P.(C)No.35302/2014, learned counsel for the appellants in both the writ appeals sought for stay of the WA No.466/2022 3/4 W.A.Nos.801 of 2022 & 466 of 2022 :: 2 ::
impugned common judgment dated 9.12.2021.
4. We are not inclined to grant stay of the same for the reason that Schedule IV of the Kerala Legal Metrology (Enforcement, Amendment) Rules, 2012 has been sustained by the writ court. It is observed that payment of enhanced fee will be subject to the outcome of these writ appeals.
Learned Senior Government Pleader Sri.K.P.Harish takes notice for the official respondents in both writ appeals.
sd/-
S.MANIKUMAR CHIEF JUSTICE sd/-
SHAJI P. CHALY
JUDGE
jes
06-07-2022 /True Copy/ Assistant Registrar
WA No.466/2022 4/4
EXT.P3: THE TRUE COPY OF THE SCHEDULE IV OF THE KERALA LEGAL
METROLOGY (ENFORCEMENT) RULES, 2012, PRESCRIBING THE LICENSING AND RENEWAL FEES FOR MANUFACTURERS,REPAIRERS AND DEALERS OF WEIGHTS AND MEASURES.
EXT.P6: THE TRUE COPY OF LIST OF MEMBERS OF KERALA LEGAL METROLOGY AND EMPLOYESS ASSOCIATION.