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1970 Supreme(Ker) 24

P.UNNIKRISHNA KURUP, T.C.RAGHAVAN
CALICUT WHOLESALE CO-OPERATIVE CONSUMERS STORES LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The several appellants in these writ appeals are wholesale distributors of rationed articles appointed under Clause.51 of the Kerala Rationing Order, 1966 promulgated by the Government of Kerala under S.3 of the Essential Commodities Act, 1955, in pursuance of the authorisation by the Central Government under S.5 thereof. The State Government added Clause.51A to the original Rationing Order in September 1967, which clause authorised the Government that, if at any time the Government were of the opinion that in the interest of the general public it was necessary or expedient so to do, the Government might, by general or special order, cancel the appointment of any or all or any class of authorised wholesale distributors after giving an opportunity to such distributor or distributors of being heard. And when the appointment of any wholesale distributor or distributors was cancelled, Clause.51A provided further, the stocks of rationed articles available - with him or them at the time of such cancellation should be disposed of in accordance with the directions of the Government. The Government issued show-cause notices to some of the wholesale distributors; and some of t














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