IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4540 of 2009(M)
1. BHARAT SANCHAR NIGAM LIMITED,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE CONTROLLER OF LEGAL METROLOGY,
3. THE INSPECTOR,LEGAL METROLOGY CIRCLE I,
For Petitioner :SMT.S.K.DEVI
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/02/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.4540 OF 2009
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Dated this the 24th day of February, 2009.
JUDGMENT
Challenge in this writ petition is against Ext.P6,
an order passed by the Inspector of Legal Metrology, taking
the view that recharge coupons marketed by the
petitioner herein are packaged commodities, amenable to
the provisions of Standards of Weights and Measures
(Enforcement) Act, 1985.
2. The ground on which challenge is raised is
that the material in question is not a commodity and
therefore the Act is not applicable. Counsel also placed
reliance on Ext.P2 Government Order allowing an appeal
filed by M/s. BPL Mobile Cellular Ltd.
3. In my view, there is absolutely no justification
for the petitioner not to approach the appellate authority
as provided in Section 69 of the Act.
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Therefore, without prejudice to the right of the petitioner
to pursue the matter before the appellate authority, the writ
petition is dismissed.
(ANTONY DOMINIC)
JUDGE
vi/
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