IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 4540 of 2009(M) ------------------------- PETITIONER(S): --------------- BHARAT SANCHAR NIGAM LIMITED, O/O THE GENERAL MANAGER,MOBILE SERVICES,RTP BLDGS, LUKES LANE, THIRUVANANTHAPURAM REPRESENTED BY THE DEPUTY GENERAL MANAGER(MKTG),MOBILE SERVICES, THIRUVANANTHAPURAM. BY ADV. SMT.S.K.DEVI RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CONTROLLER OF LEGAL METROLOGY, VIKAS BHAVAN, THIRUVANANTHAPURAM-33. 3. THE INSPECTOR,LEGAL METROLOGY CIRCLE I, NEYATTINKARA,THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.4540 OF 2009 ------------------------ Dated this the 24th day of February, 2009. JUDGMENT Challenge in this writ petition is against Ext.P6, an order passed by the Inspector of Legal Metrology, taking the view that recharge coupons marketed by the petitioner herein are packaged commodities, amenable to the provisions of Standards of Weights and Measures (Enforcement) Act, 1985. 2. The ground on which challenge is raised is that the material in question is not a commodity and therefore the Act is not applicable. Counsel also placed reliance on Ext.P2 Government Order allowing an appeal filed by M/s. BPL Mobile Cellular Ltd. 3. In my view, there is absolutely no justification for the petitioner not to approach the appellate authority as provided in Section 69 of the Act. /2/ Therefore, without prejudice to the right of the petitioner to pursue the matter before the appellate authority, the writ petition is dismissed. (ANTONY DOMINIC) JUDGE vi/ /2/