IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 7668 of 2010(G) ------------------------- PETITIONER(S): --------------- M/S.CADBURY INDIA LIMITED, 19, BHULABHAI DESAI ROAD, MUMBAI-400 026, REPRESENTED BY SHAJU NAIR, AREA SALES MANAGER, KERALA. BY ADV. SRI.V.B.UNNIRAJ SRI.K.VINOD CHANDRAN SMT.A.S.BEENU RESPONDENT(S): --------------- ASSISTANT CONTROLLER, LEGAL METROLOGY, (FLYING SQUAD), MALAPPURAM, MANJERI, KERALA-676 121. SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.7668 of 2010 ------------------------------------------------ Dated this the 11th day of March, 2010 JUDGMENT The petitioner is engaged in the manufacture and marketing of confectionery products under various brand names. One of the products, modified toffees, is marketed under the brand name 'Cadbury Dairy Milk Eclairs'. According to the petitioner after manufacture, each unit of Cadbury Dairy Milk Eclairs is packed in a retail package and the said retail package conforms to the stipulations under the Standard of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The petitioner is aggrieved by Ext.P1, show cause notice and the subsequent action taken by the respondent herein. Pursuant to Ext.P1 notice, petitioner submitted Ext.P2 reply. Again by Ext.P4 the petitioner was offered a personal hearing on 2/3/21010 at 11 a.m. According to the petitioner the same was received only on that day and Ext.P5 is the postal cover produced in support of the above plea. The petitioner then submitted a request as per W.P.(C)No.7668 of 2010 2 Ext.P6 pointing out that the notice proposing the hearing on 2/3/2010 was received on the same day and to give a further two weeks time to appear. Apprehending further action, this writ petition has been filed. By order dated 9/3/2010 this Court directed to maintain status quo for two days. Today, when the matter came up for hearing, the learned counsel for the petitioner submitted that a further notice dated 3/3/2010 has been issued and therein the petitioner is granted seven days from the receipt of the notice to show cause as to why the petitioner should not be prosecuted for the alleged violation. The learned counsel for the petitioner submitted that the petitioner may be granted two weeks time to submit appropriate reply in the matter. 2. Therefore this writ petition is disposed of directing the respondent herein to allow further opportunity for hearing the petitioner. The petitioner will submit the reply to the show cause notice dated 3/3/2010 within a period of two weeks from today. Thereafter a personal hearing will be offered and the action, if any, will be finalised expeditiously after hearing the petitioner. Further action on the complaint said to have been W.P.(C)No.7668 of 2010 3 filed already will be kept in abeyance. Status quo as on 9/3/2010 will be maintained in the meanwhile. The petitioner will produce a copy of this judgment for compliance. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj