VENKATARAMA AYYAR, P.V.RAJAMANNAR
A. C. S. Kandaswami Reddiar – Appellant
Versus
The Textile Commissioner of the Government of India, having his office at Bombay – Respondent
These are two petitions filed under Article 226 of the Constitution. The petitioners 1 to 3 in C.M.P.No.5917 of 1951 are certain cotton growers in the district of Tinnevelly and petitioners 4 to 8 are merchants who are carrying on. business in cotton. These petitions have been filed by them questioning the validity of the two notifications S.R.O.Nos.379 and 388, dated 19th March, 1951, issued under clause 18 and clause 6 respectively of the Cotton Control Order, 1950.
The relevant portion of S.R.O.No.379 runs as follows:
“I hereby direct that notwithstanding anything contained in the Textile Commissioner’s Notification No.S.R.O.No.597 no person shall except in accordance with the permission in writing of the Textile Commissioner, the Director (Cotton) or an Assistant Director (Cotton) in the office of the Textile Commissioner transport or cause to be transported kapas or cotton by rail, road or water from any place within any of the areas described below to any place outside that area.”
Then follows a grouping of the cotton growing districts into five areas. We are concerned in these petitions with area No.5.S.R.O.No.388 provides that there should be no sale or purchase of cott
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