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1989 Supreme(Ker) 274

V.S.MALIMATH, V.BHASKARAN NAMBIAR
Kerala Flour Mills, Mattancherry, Cochin – Appellant
Versus
Board of Revenue (Civil Supplies), Govt. of Kerala, Trivandrum – Respondent


Advocates:
K. Balakrishnan, for Petitioner; Govt. Pleader Smt. Seemanthini, (for Nos. 1 and 3) and P.V. Madhavan Nambiar, (for Nos. 2 and 4), for Respondents.

Judgement

MALIMATH, C.J. :- The petitioner is a firm engaged in the manufacture of wheat products like maida, sooji, atta, bran etc. by grinding wheat in the wheat roller flour mills owned by it. The petitioner has obtained a licence under the Wheat Roller Flour Mills (Licensing and Control) Order, 1957 (hereinafter referred to as 'the Flour Mills Order'), which has been issued by the Central Government in exercise of the powers conferred by section 3 of the Essential Commodities Act 1955. The petitioner has also obtained a licence under the Kerala Food Grains Dealers (Licensing) Order 1967 issued under sub-sections (1) and (2) of Section 3 of the Essential Commodities Act, 1955 which enables it to carry on the business of dealing in foodgrains. The petitioner has been purchasing wheat allotted to the State of Kerala by the Government of India through the Food Corporation of India at the prescribed prices. After grinding the said wheat into products like maida, sooji etc. the petitioner has been selling the same to the persons nominated by the State of Kerala, at prices fixed under the Kerala Wheat Products (Ex-Mill) Price Control Order, 1979. Clause 10 of the Flour Mills Order, as

























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