VINCENT PANIKULANGARA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This Writ Petition filed as a Public Interest Litigation seeks enforcement of statutory Rules framed by the State and Circulars issued prescribing wearing of uniform by the Officers of the Metrology Department of the State of Kerala. Petitioner, an Indian citizen and a practising Advocate complains about the non - wearing of uniform by the Officers in violation of the statutory provisions and Circulars and inaction on the part of the State and its Officers in taking appropriate action.

(2.) Facts

(3.) In the Writ Petition respondents 3 to 5, Inspectors, who are impleaded as additional respondents filed counter - affidavit opposing the Writ Petition. Respondents 3 to 5 in their counter - affidavit pleads that the Writ Petition may not be entertained as a Public Interest Litigation. It is further pleaded that the petition has been filed without any bona fides. It is pleaded that S.53(2) of the Legal Metrology Act, 2009 (hereinafter referred to as "the 2009 Act") does not empower the State Government to frame Rules with regard to uniform. It is pleaded that Government of India does not visualize uniform to Enforcement Officers. Physical fitness was not a condition for recruitment to the cadre. It is pleaded that most of offences are detected mostly because the Inspectors approach the targets in civil dress. It is pleaded that wearing of uniform by the Officers is not in public interest.