STATE OF KERALA Vs. N. R. JOHNSON

JUDGEMENT

(1.) The aforesaid Review Petitions are filed seeking to review the judgment dtd. 8/6/2022 passed by this Court in W.P.(C) No. 26941 of 2021 filed by one N. R. Johnson, who is the first respondent in the Review Petitions.

(2.) R.P. No. 988 of 2022 is filed by third parties after securing leave to file the review as per order dtd. 19/10/2022 in I.A.No. 1 of 2022; whereas, R.P. No. 884 of 2022 is filed by the State and its officials, who are the respondents in the writ petition. The writ petition leading to the review petitions is a Public Interest writ petition filed by an agriculturist challenging the constitutionality of Exhibit P1 Government Order bearing No. 34/2018/F.P.D.D. dtd. 18/6/2018, whereby the State Government has re-fixed the out-turn ratio for one quintal of paddy as 64.5% instead of 68% fixed by the Central Government.

(3.) This Court, after considering the rival submissions made by the Government of India, Food Corporation of India, State of Kerala and the Kerala State Civil Supplies Corporation, has found that the power to fix the out-turn ratio for one quintal paddy is vested with the Central Government and therefore, the out-turn ratio fixed by the State Government cannot be sustained under law. The judgment was rendered by this Court after taking into account the provisions of the National Food Security Act, 2013, notification issued by the Government of India and the Memorandum of Understanding entered into by and between the Government of India and the State of Kerala with respect to the out-turn ratio of the paddy.