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1951 Supreme(Mad) 391

VENKATARAMA AYYAR, P.V.RAJAMANNAR
The Lotus Industrials, Kallai, Malabar by sole Proprietor M. Velayudha Menon – Appellant
Versus
The State of Madras represented by the Secretary, Development Department, Madras – Respondent


Advocates:
D. Narasaraju and P.C. Kurian for Petitioners.
The Advocate-General (V.K. Thiruvenkalachari) for the State Counsel (John and Row) for Respondents Nos. 1 and 2.
K. Umamaheswaram and Alladi Kuppuswami for 3rd Respondent.

The Chief Justice: C.M.P. No. 5524 of 1951.-This is an application for the issue of an order in the nature of a prohibition directing the Government of Madras to forbear from enforcing any system of rationing of yarn with regard to some only of the consumers and to issue an order in the nature of a writ of mandamus directing the Government of Madras to distribute the yarn allotted to the Madras State equally between all the consumers in proportion to the looms employed by them. The affidavit in support of this application is filed by one M. Velayudha Menon representing the two petitioners, namely, (1) The Lotus Industrials, Kallai, Malabar, of which “he is the sole proprietor, and (2) the Calicut Handloom Owners’ Association of which he is the Honorary Secretary.

Distribution of yarn in this State is made under the Cotton Textiles Control Order, 1948, by officers specially appointed for the purpose. Clause 30 of that Order directly relates to the distribution of yarn. It runs as follows:

"The Textile Commissioner may, with a view to securing a proper distribution of cloth or yarn or with a view to securing compliance with this order, direct any manufacturer or dealer, or any class of

























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