Kerala Legal Metrology Licencees ... vs State Of Kerala
2022 Latest Caselaw 8644 Ker

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.