IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 18745 of 2008(F) -------------------------- PETITIONER: ------------ UNNEERIKUTTY, S/O PACHU, RESIDING AT CHEERUNGOTT HOUSE, KANNANKARA, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN RESPONDENTS: ------------- 1. THE CONTROLLER, LEGAL METROLOGY DEPARTMENT, VIKAS BHAVAN, TRIVANDRUM. 2. THE ASSISTANT CONTROLLER, LEGAL METROLOGY DEPARTMENT, KOZHIKODE. 3. THE ASSISTANT CONTROLLER (FLYING SQUAD), LEGAL METROLOGY DEPARTMENT, CIVIL STATION, KOZHIKODE. BY GOVT. PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 18745 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th July, 2008. J U D G M E N T Petitioner holds a licence to manufacture or repair weighing instruments under the Weights and Measures (Enforcement) Act. On the allegation that the petitioner was involved in an abkari offence in respect of which a case is pending before the appropriate criminal court, Ext. P2 show cause notice has been issued to the petitioner to show cause why his licence should not be cancelled. The petitioner filed Ext. P3 objections thereto. However, the 2nd respondent has passed Ext. P4 order directing the petitioner not to conduct the business of repairing weighing instruments until further orders. Ext. P4 order is under challenge before me. One of the contentions raised by the petitioner is that the 2nd respondent does not have powers under the Weights and Measures (Enforcement) Act to issue orders like Ext. P4. 2. The learned Government Pleader could not bring to my attention any provision of the Act which empowers the 2nd respondent to pass orders like Ext. P4. On the other hand, the Act contemplates passing of orders only by the Controller of Legal Metrology. That being so, Ext. P4 is clearly without jurisdiction. Accordingly, Ext. P4 is quashed. The Controller competent to pass orders shall, after considering Ext. P3 objections submitted by the petitioner, pass final orders in the matter pursuant to Ext. P2 show cause notice, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Before passing final orders, the petitioner shall be afforded an opportunity of being heard. Since Ext. P4 has been quashed by me, W.P.C. No. 18745/2008. -: 2 :- needless to say, there would not be any prohibition on the petitioner to continue his business as per the licence issued to him. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.