UNITED KONARI MILLS Vs. STATE OF KERALA

JUDGEMENT

(1.) In this batch of 19 cases, common questions arise for consideration. When the original petitions came up for arguments, O.P. No. 5674 of 1981 was treated as the main case. Mr. S. Narayanan Poti, Advocate argued the matter. Counsel appearing in the other cases adopted his arguments. Mr. R. Raya Shenoi, who appeared in O.P. Nos. 3, 3382, 3835 of 1981, 24 and 662 of 1982, adopted the arguments of Mr. Narayanan Poti. Mr. Raya Shenoi elaborated the arguments by stressing on more particulars. On behalf of the State, Senior Government Pleader Mr. N. Sankara Menon argued the matter. The third respondent - Malabar Market Committee and the fourth respondent - the Secretary, Malabar Market Committee - were represented by Mr. K. P. Dandapani, Advocate.

(2.) As stated O. P. No. 5674 of 1981 was treated as the main or leading case. In this batch of cases, the challenge is against the validity of the Madras Commercial Crops Markets Act, Act 20 of 1933, as amended by the Kerala Acts 5 of 1964 and 2 of 1981. The petitioner pray that this Court may be pleased to declare that the provisions of the Madras Commercial Crops Markets Act, 1933, as amended from time to time, and the licence fees and other fees collected under the said Act and the Rules and Bye-laws framed thereunder are unconstitutional, illegal and void and to strike down the said provisions. The petitioners also pray for a writ or direction to command the respondents to forbear from enforcing the Madras Commercial Crops Markets Act, 1933 as amended from time to time. There is also a prayer to command respondents 2 to 4 to refund to each of the petitioners the fees collected by them under S. 11 of the Act from 15-11-1980 till date.

(3.) There are 12 petitioners in O.P. No. 5674 of 1981. Eleven of them are in Kozhikode and one in Palakkad. Some of them are dealers in coconut and copra and some are oil millers. The petitioners purchase coconut or copra, as the case may be, from local producers or dealers and sell them outside. Some of them purchase coconut or copra for crushing oil in their mills. It is common ground that coconut products and arecanuts were included within the ambit of "commercial crops' for the purpose of Act 20 of 1933, by notification dated 27-6-1949 of the Government of Madras. The first respondent State directed the third respondent Malabar Market Committee - to establish markets at Parambra, Kanhangad, Sankaramkulam, Thalakkalathur, Othukkungal and Vatanappally and it was so done.