Order.- This petition raises the question of the constitutional validity of subsections (1) and (2) of section 3 and clauses (a) and (b) of sub-section (2) of section 9 of the Travancore-Cochin Electricity Duty Act, 1950 and of sub-rule (i) of rule 3 of the Travancore-Cochin Electricity Duty Rules, 1950. A further question also is raised that the vires of the said sub-rule is covered by a judgment of the District Court, Trivandrum in O.S. No. 104 of 1955 on its file, in which the petitioner was the plaintiff and the Travancore-Cochin State was the defendant, and that the judgment operates as res judicata, and is binding on the State of Madras.

The petitioner was a licensee for distribution of electricity in Shencottah taluk under a licence initially issued by the then Travancore-Cochin Government in 1114, M.E. and has been distributing electricity in that taluk under a licence, subsequently issued by the Travancore-Cochin Government under section 3 (3) of the Travancore-Cochin Electricity Duty Act, 1950. The petitioner was then functioning under the name and style of Shencottah Electric Supply Agency. The licence covered also the distribution system over the Punaloor area which was,

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