S T SADIQ Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE petitions raise questions as to the constitutional validity of the Kerala Cashew Factories (Acquisition) Act, 1974 (hereinafter referred to as "the said Act"), which has been placed in the 9th Schedule to the Constitution of India, being entry 148 thereof. This Act came into force on 19th November, 1974 and Section 3 thereof enabled the State Government to acquire in public interest cashew factories under certain circumstances.

(2.) IDENTICAL notices were sent between 1984 and 1986 to 10 cashew factories under Section 3 of the Acquisition Act, and the said factories were acquired under the Act pursuant to those notices. Similar notices stating identical grounds were sent to 36 other cashew factories in 1988 by which the said factories were also acquired under the said Act. A specimen notice is set out hereinbelow.

(3.) THE 10 cashew factories that were acquired filed writ petitions in the High Court in the year 1985 -1986, which were dismissed by a common judgment dated 20.1.1994. Meanwhile, the 36 factories approached the Supreme Court directly in writ petitions filed under Article 32 of the Constitution. These writ petitions were disposed of by a judgment dated 12.5.1994 reported in Indian Nut Products v. Union of India , 1994 4 SCC 269 in the following terms: -