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1985 Supreme(Online)(Ker) 4

KERALA HIGH COURT
Bhaskaran, J
Kutnaranellur Cooperative Marketing Society – Appellant
Versus
V. B. K. Menon – Respondent


Table of Content
1. overview of suit and parties involved. (Para 1 , 2)
2. discussion of resistances raised by defendants. (Para 3 , 4)
3. judicial perspective on administrative overreach. (Para 6 , 8 , 9)
4. final observations and decision. (Para 10 , 11)

1. The third defendant in the suit -- OS 63 of 1973 of the Munsiff Magistrate Court, Pattambi has come up with this second appeal. The said defendant is a cooperative society -- Kutnaranellur Cooperative Marketing Society. The suit arose on the facts stated below:

2. One V. B. K. Menon, the plaintiff is the authorised wholesale distributor of rationed articles appointed under the Kerala Food Grains Dealers Licensing Order, 1967 for the Trithala Firka. This appointment was as per GO. (Ms) 28/69/Food dt. 10-9-69. In partial modification of this order GO. Ms. 29/69/Food dt. 24-9-69 was issued which directed that the wholesaler will cater to all the retail shops in Trithala Firka, copy of which is Ext. A1. On 30-3-1973 the Collector of Palghat, the first defendant in the suit passed the impugned proceedings in the case, marked as Ext. B1, by which twenty retail depots were delinked from the plaintiff's wholesale depot and the present appel

















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