SWANTHANTHRA AUTORICKSHAW THOZHILALI UNION Vs. SECRETARY TO GOVERNMENT, LEGAL METROLOGY DEPARTMENT AND ORS.

JUDGEMENT

(1.) These batch of writ petitions are related to a Circular No. 1 of 2014 issued by the Controller of Legal Metrology. The above Circular is produced as Ext. P2 in W.P.(C). No. 31680/2014.

(2.) The short issue that arises for consideration is whether based on the Circular, the Subordinate Officer under the Controller should invoke penal provision under Sec. 33 of the Legal Metrology Act, 2009. The Circular appears to have been issued as an internal communication. Though, the Circular is not issued in a public domain, nevertheless, considering the general grievance in the writ petitions and the issue generated from the Circular, this Court propose to consider the matter based on the challenge.

(3.) In the above context, it is apposite to quote Sec. 24 of the Legal Metrology Act, which reads as follows: