IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37732 of 2008(P) ------------------------------------ PETITIONER(S): ----------------------- P.K. WARIYAR, MANAGING TRUSTEE, VAIDYA RATNAM.P.S., WARIYAR'S ARYA VAIDYA SALA, KOTTAKKAL. BY ADV. SRI.R.RAMADAS RESPONDENTS: ------------------------ 1. THE DIRECTOR, DEPARTMENT OF LEGAL METROLOGY, GOVERNMENT OF INDIA, SASTHRI BHAVAN, NEW DELHI. 2. THE CONTROLLER OF LEGAL METROLOGY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE INSPECTOR, LEGAL METROLOGY, FLYING SQUAD MALAPPURAM, MANJERI - 676 122 4. THE ASSISTANT CONTROLLER, LEGAL METROLOGY, FLYING SQUAD, PALAKKAD. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FOOD AND CIVIL SUPPLIES, GOVERNMENT OF INDIA, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 37732 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008. J U D G M E N T The petitioner is the Managing Trustee of the Kottakkal Arya Vaidya Sala. In the course of their business they are selling Ayurvedic medicines in bottles containing labels. Proceedings were initiated against them alleging violation of Rule 6(1-A) of the Standards of Weights and Measures (Packaged Commodities) Rules on the ground that the same does not contain the telephone number and e-mail I.D. of the Arya Vaidya Sala which is a requirement under the said rules. Pursuant to such proceedings the petitioner compounded the offence, remitting the compounding fee also. However, the 4th respondent is continuing action against the dealers of the petitioner also in respect of medicines manufactured prior to 20.10.2008, when only the petitioner became aware of the requirement. 2. In the above circumstances, the petitioner submitted Ext.P5 petition before the 1st respondent seeking exemption from the said rule in respect of medicines manufactured prior to 20.10.2008, for granting which, according to the petitioner, the 1st respondent has power under the Act and Rules. The petitioner now seeks a direction to the 1st W.P(C)No. 37732 of 2008 - 2 - respondent to consider and pass orders on Ext.P5 expeditiously. 3. I have heard the learned Government Pleader also. 4. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P5 in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till a decision is taken on Ext.P5, further proceedings under the above said rule in respect of medicines manufactured by the petitioner prior to 20.10.2008 and sold by the petitioner either directly or through dealers and agencies, shall be kept in abeyance. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. S.SIRI JAGAN, JUDGE rhs