V.P.GOPALAN NAMBIYAR, GEORGE VADAKKEL, T.CHANDRASEKHARA MENON
VELAYUDHAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent
1. The petitioner is a wholesale dealer in sugar. Sugar is distributed to the dealers by the Government which controls and fixes the selling price of the commodity. The distribution and control of sugar is regulated by the provisions of the Kerala Sugar Dealers Licensing Order, 1967. Clause [2] [c] of the same defines 'free sale sugar' as sugar supplied by the State Government to the dealers directly by sugar factories from the quota allotted to them for free sale by the Central Government. Clause.2 [d] defines 'levy sugar' as sugar supplied by the State from the sugar made available to them by the Central Government. Clause.3, sub-clause [1] enacts that no person is to carry on business as dealer in levy sugar or free sale sugar except under and in accordance with the terms and conditions of a licence issued by the Licensing Authority. The petitioner was accordingly granted licence as a wholesale dealer for the sale of sugar. He executed an agreement dated 2nd April 1965, to the Governor of Kerala Clause.13 of the agreement stipulated that the wholesale dealers were bound to obey the directions regarding the proper sale and distribution of sugar issued from time to tim
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