Kerala High Court
All Kerala Legal Metrology ... vs State Of Kerala on 6 July, 2022
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. 801 OF 2022
AGAINST COMMON JUDGMENT DATED 28.02.2022 IN WP(C) 35302/2014 OF THIS COURT
APPELLANT/PETITIONERS IN W.P(C):
1. ALL KERALA LEGAL METROLOGY LICENSEES AND EMPLOYEES' UNION, REG.
NO.02.10/97, AITUC, H.O. SUGATHAN SMARAKOM, MOSQUE ROAD,
THAMPANOOR, TRIVANDRUM-1 REPRESENTED BY ITS GENERAL SECRETARY, MR.
A. MURALEEDHARAN.
2. A. MURALIDHARAN,S/O N. APPUKUTTAN, AGED 60 YEARS, MANAGING PARTNER
OF UNIVERSAL SCALES MANUFACTURING COMPANY, KUREEPUZHA, KOLLAM-3,
RESIDING AT MURALI MANDIRAM, KUREEPUZHA, KOLLAM-691 003.
3. RAMAKRISHNAN H., S/O HARIHARAN, AGED 55 YEARS , PROPRIETOR OF 'M/S
PENTRAX SYSTEMS & AUTOMATION' & 'M/S PENTONIC SYSTEMS' AT 39/6080,
ALAPATT ROAD, RAVIPURAM, KOCHI-16, AND PROPRIETOR OF 'M/S PENTONICS'
AT P.B. NO.2311, TEMPLE VIEW, RAVIPURAM ROAD, RAVIPURAM, KOCHI-16.
RESIDING AT 'SUDARSAN', 39/3294, ALAPATT ROAD, RAVIPURAM, COCHIN-16.
4. V.S. SURAJ, S/O V.K. SUGATHAN, AGED 51 YEARS, PARTNER OF 'V.S.
EQUIPMENTS', 'SCALES INDIA CORPORATION' & M/S DELTON SCALES
MANUFACTURING COMPANY, AT BUILDING NO. VII/401A, CHANAYIL, EROOR
SOUTH, THRIPUNITHURA, KOCHI-682 306.
5. AJITH KUMAR A., S/O T.K. ARJUNAN, AGED 52 YEARS , PROPRIETOR OF 'M/S
ADD TECH WEIGHTING SYSTEMS' AT PERINAD PANCHAYAT, P.P. IV-737 C,
CHERUMOOD, VELLIMON P.O., KOLLAM-691 511, RESIDING AT THAYYIL VEEDU,
THATTAMALA P.O., KOLLAM-691020.
BY ADVS.M/S.C.S.AJITH PRAKASH, T.K.DEVARAJAN, PAUL C THOMAS,
BABU M., ANCY THANKACHAN, NIDHIN RAJ VETTIKKADAN & HAARIS MOOSA
RESPONDENTS/RESPONDENTS IN W.P(C):
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, DEPARTMENT OF
CONSUMER AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
CONSUMER AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
3. CONTROLLER OF LEGAL METROLOGY, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM
- 695 033.
BY SENIOR GOVERNMENT PLEADER SRI.K.P.HARISH
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) 35302/2014 and thereby to keep
enhanced license fee in abeyance against Appellants, till the disposal of
the Writ Appeal in the interest of justice.
This Writ Appeal coming on for orders along with connected case on
06/07/2022, the court on the same day passed the following:
Annexure A2: A TRUE COPY OF THE LETTER NO: LMD - HQ/3457/2021-C2
DATED 8/6/2022 AND THE TRANSLATION OF ANNEXURE A2.
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
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W.A.Nos.801 of 2022 & 466 of 2022
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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
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
