M A RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are by certificate from the judgment D/- 19-11-1973 of the High Court of Kerala.

(2.) These appeals challenge the validity of the notification dated 26, July, 1973 issued by the State Government under Rule 114 (2) of the Defence of India Rules, 1971 hereinafter referred to as the Rules. Rule 114 (2) is as follows:

(3.) The appellants are owners of Small Scale Industrial Units. They employ mechanised process for decortication of retted coconut husks. The main processes involved in the manufacture of coir yarn are these:First is retting of green husks. The green husks are covered with leaves and mud. The retted husks are then pounded or beaten. The fibre and pith then separate. The fibre is extracted, cleaned and dried. Next comes spinning either with the help of ratt or by hand. Ratt is a mechanical contrivance. The final stage is bundling of coir yarn for marketing. Government declared defibring of conconut husks by mechancial means as a small scale industry eligible for financial assistance under the Small Scale Industries Development Scheme. Most of the appellants availed themselves of loans under the Scheme. The appellants alleged in the petitions before the High Court that the cost involved in installing machinary in a proper building for the purpose would range from Rs. 22,000 to Rs. 35,000.