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1981 Supreme(SC) 46

A.P.SEN, E.S.VENKATARAMIAH
K. Janardhan Pillai: International Cashew Traders: Vijaya Lakshmi Cashew Company: A. Younus Kunju: Concord Exporting Company: Lyla Cashew Company: Abdul Salam: Kerala State Cashew Growers Dealers Association: A. M. Sainalabdeen Musaliar: G. Janardhan Pill – Appellant
Versus
Union Of India: Union Of India: State Of Kerala: State Of Kerala: State Of Kerala: State Of Kerala: State Of Kerala: Union Of India: State Of Kerala: State Of Kerala: Union Of India – Respondent


Judgment

VENKATARAMIAH, J.:- The common question which arises for consideration in the above writ petitions under Article 32 of the Constitution of India relates to the validity of the declaration made by the State Government of Kerala on March 20, 1976 declaring that raw cashewnut was an essential article, in exercise of the power under clause (a) of Section 2 of the Kerala Essential Articles Control (Temporary Powers) Act, 1961 (Act 3 of 1962) (hereinafter referred to as the Kerala Act) and the Kerala Raw Cashewnuts (Procurement and Distribution) Order, 1977 (hereinafter referred to as the Order) made by the State Government of Kerala in exercise of the powers conferred by Section 3 of the Kerala Act regulating the Procurement and distribution of raw cashewnuts grown in the State of Kerala. The petitioners, are persons engaged in the cashewnut processing industry in the State of Kerala. Since the impugned declaration and the Order seriously interfered with the right of the petitioners to purchase sufficient quantities of raw cashewnuts for processing in their factories and imposed several other restrictions on them they have filed the above petitions. Although the validity of seve












































































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