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1968 Supreme(Ker) 137

K.SADASIVAN, T.S.KRISHNAMOORTHY IYER, M.MADHAVAN NAIR
K. C. Pazhanimala – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. These appeals directed against the decision of Gopalan Nambiyar, J. involve a common point of law which relates to the validity of the Kerala Paddy (Restriction on Milling) Order, 1967. The learned judge upheld the validity of the Order over-ruling the several objections raised by the appellants.

2. The Kerala Paddy (Restriction on Milling) Order, 1967 has been issued by the Government of Kerala in exercise of the powers conferred by sub-section (1) read with clauses (d), (i) and 0) of sub-section (2) of S.3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955). The said provisions read:

"3. Powers to control production, supply, distribution, etc. of essential commodities.

(1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the Defence of India or the efficient conduct of military operations it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein.

(2) Without preju







































































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