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2013 Supreme(Ker) 869

B.P.RAY
TAJ KERALA HOTELS AND RESORTS LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : E.K. Nandakumar.
For the Respondent: T. Sanjay, (Central Govt. SC) and Thomas John Ambooken, (GP).

JUDGMENT :

B.P. RAY, J.

1. Heard learned counsel for the petitioner. The prayer in the writ petition is as follows.

(a) for an order and declaration of this Hon'ble court that the provisions of Standards and Weights and Measures 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 and the Standards of Weights and Measures (Enforcement) Act, 1985 do not apply to the petitioner;

(b) for an order and declaration of this Hon'ble Court that Section 33 of the Standards and Weights and Measures (Enforcement) Act, 1985 is ultra vires the Constitution of India and is void and liable to be struck down;

(c) for a writ of certiorari, or a writ in the nature of certiorari, or any other appropriate writ, order or direction of this Hon'ble Court calling for the records of the case and after perusing the same, to quash and set aside all actions initiated against the petitioner including Ext. P4 issued by the 4th respondent.

(d) for a writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction of this Hon'ble Court restraining the respondents by themselves, their officers, servants and agents, from taking any action whatsoever agai








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