IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 24854 of 2011(F) -------------------------------------- PETITIONER: ------------------- BASIL ATTIPETTY @ BASIL A.G. ATTIPETTY HOUSE, NAYARAMBALAM P.O, COCHIN- 682 509. BY ADV. SRI.BASIL ATTIPETTY (PARTY IN PERSON). RESPONDENTS: ----------------------- 1. CONTROLLER OF LEGAL METROLOGY, DEPARTMENT OF LEGAL METROLOGY, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM- 695 033. 2. DEPARTMENT OF LEGAL METROLOGY, REPRESENTED BY SECRETARY TO GOVERNMENT, LEGAL METROLOGY DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM - 695 001. 3. DIRECTOR, DEPARTMENT OF LEGAL METROLOGY, GOVERNMENT OF INDIA,NEW DELHI 110 001. 4. CHAIRMAN, KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD., MILMA BHAVAN,PATTOM PALACE, THIRUVANANTHAPURAM -695 004. 5. CHAIRMAN, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD, TRIPUNITHURA P.O, PIN- 682 301. 6. CHIEF EXECUTIVE OFFICER, MITHRA MEGA MART, DISTRICT CO-OPERATIVE BANK, ERNAKULAM KAKKNAD- 692 030. R1 & R2 BY SR. GOVT. PLEADER SMT. M.J. RAJASHREE, R3 BY SRI. P. PARAMESWARAN NAIR, A.S.G, R4 BY SRI. K.ANAND, S.C, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.24854/2011-F: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE BILL SUPPLIED BY THE R.6 DTD. 07/09/2011, ALONG WITH PHOTOCOPY OF THE MILK POUCH. EXT.P.2: COPY OF THE REPRESENTATION DTD. 10/09/2011 BY THE PETITIONER BEFORE THE R.1. EXT.P.3: COPY OF THE BILLS DTD. 11TH, 12TH, 14TH AND 15TH SEPTEMBER 2011, ALONG WITH THE PHOTOCOPY OF THE RESPECTIVE MILK POUCHES, LABELING RS.15.00 IN RESPECT OF MILMA MILK PURCHASED BY THE PETITIONER FROM THE R.6. EXT.P.4: COPY OF THE REPORTS APPEARED IN HINDU DAILY ON 13/09/2011 AND MATHRUBHUMI DAILY ON 11/09/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 24854 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 26th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ This writ petition has been filed, complaining that respondents 4 to 6 are selling milk packets in non standard packets in violation of the provisions contained in the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011. According to the petitioner, this was brought to the notice of the first respondent by Ext.P2 and that he has not even given a response to the said notice. It is in these circumstances, the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter and submits that the Government of India, Ministry of Consumer Affairs, Food & Public Distribution Department of Consumer Affairs, by letter dated 29.04.2011, have informed that the implementation of the Rules in question has been deferred up to 30.09.2011 and it is therefore stated that no offence has been committed by W.P.(C) No.24854/2011 : 2 : the respondents. It is also submitted that Ext.P2 was filed on 13.09.2011 and the writ petition was filed on 15.09.2011. 3. Irrespective of the controversy raised, since the complaint of the petitioner is one of the absence of response to Ext.P2, I direct first respondent to reply to Ext.P2, at any rate, within three weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/26/09 // True Copy // P.A. To Judge