IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28239 of 2008(J) -------------------------- PETITIONER: --------------- IDEA CELLULAR LTD., MERCY ESTATE, M.G ROAD, RAVIPURAM, KOCHI, REPRESENTED BY IT'S AUTHORISED SIGNATORY MR.C. RAMACHANDRAN. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS: --------------- 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, NEYYATINKARA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 28239 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September, 2008 JUDGMENT Petitioner challenges Ext.P4 communication issued by the Inspector of Legal Metrology Department to the petitioner under the Standards of Weights & Measures ((Packaged Commodities) Rules, 1977, on the allegation that the re-charge coupons sold by the petitioner have to be treated as a packaged commodity. According to the petitioner the commodity in question is not notified under the Act. Therefore, the provisions of the Standards of Weights and Measures (Enforcement) Act would not apply to the commodity as such. Reference in this regard is made to Ext.P2 order issued by the Government in an appeal filed by other similar operators, stated to be with regard to the same commodity. 2. Learned Government Pleader points out that, apparently, the department has taken note of the recent decision of the Division Bench of the Bombay High Court reported in Raj Marketing v. State of Maharashtra (AIR 2007 Bombay 76) to the effect that separate notification of the commodity under the Act is not necessary and steps can be taken under the Standards of Weights and Measures (Package of Commodities) Act, 1977, even otherwise. W.P.(C)No. 28239 OF 2008 -:2:- 3. In my view, the petitioner has an efficacious remedy by way of appeal before the Controller of Legal Metrology. But in the circumstances, where a view which seems to be supported to the petitioner has been taken by the Government in Ext.P2. I think it is appropriate that further proceedings pursuant to Ext.P4 may be kept in abeyance for a period of six weeks to enable the petitioner to approach the appellate authority. Accordingly, the Writ Petition is disposed of permitting the petitioner to approach the Controller of Legal Metrology by way of appeal against Ext.P4. Further proceedings pursuant to Ext.P4 shall be kept in abeyance for a period of six weeks. (V. GIRI, JUDGE) ttb