IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WA.No. 1718 of 2009 --------------------- AGAINST THE ORDER IN WPC.17718/2009 Dated 29/06/2009 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY MANJALIKULAM ROAD, VYAPARA BHAVAN, THIRUVANANTHAPURAM, REP BY ITS GENERAL SECRETARY REP BY ITS GENERAL SECRETARY, ALEX M CHACKO S/O.LATE M.C.CHACKO, AGED 60,MANALEL HOUSE THIRUVALLA 689 542. 2. T.D.JOSEPH, S/O.K.J.DEVASIA AGED 62, GENERAL MERCHANT,KOTTATYIL HOUSE KOTTAYAM,STATE TREASURER, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, MANJALIKULAM ROAD, VYPARA BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE PRINCIPAL SECRETARY REVENUE (E) DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. SECRETARY, CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE CONTROLLER OF LEGAL METROLOGY O/O.LEGAL METROLOGY, VIKAS BHAVAN,TRIVANDRUM 4. UNION OF INDIA, REP. BY ITS SECRETARY CONSUMER AFFAIRS, NEW DELHI. 5. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT,TRIVANDRUM. R1 TO R5 BY ADDL. ADVOCATE GENERAL, SRI.RENJITH THAMPAN GOVERNMENT PLEADER, SRI.SANTESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1718 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2009 JUDGMENT Kurian Joseph, J. This is an appeal filed against the interim order dated 29.06.09 in WP(C) No.17718 of 2009. The issue pertains to the amendment introduced in the Rules with regard to the enhancement of fee for stamping the weights and measures. Learned Single Judge declined to grant interim order in view of the statement filed on behalf of the Government that Rules have already been implemented with effect from 03.03.2006. 2. Learned counsel appearing for the appellants however points out that pursuant to the discussion with the Minister concerned, as can be seen from Ext.P3, the Government had deferred the implementation and only now without any provocation and without any further alteration the Rules have been implemented. Learned Additional Advocate General appearing for the State however denies the allegations. Be that as it may, the appeal is only against the WA No. 1718/09 -:2:- interim order. The appellants submit that they are prepared to remit the fees under protest and subject to the result of the writ petition, given some breathing time. 3. In the peculiar facts and circumstances of this case and particularly in view of the Onam season and since the Department itself had apparently given the appellants some time, it is just and proper that some breathing time is granted to the appellants. Therefore we make it clear that, it will be open to the appellants to remit the fees at the enhanced rate under protest and subject to the result of the writ petition, within two weeks from today. Subject to the payment as above, there shall be no steps including steps for prosecution against the appellants. The writ appeal is disposed of as above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No. 1718/09 -:3:-