MATHAI Vs. STATE

JUDGEMENT

(1.) The proceedings impugned in this petition were taken under the provisions of the Travancore Cochin Food Grains (Distribution, Rationing and Movement) Control Order, 1950. That Order was made on 21.7.1950 in exercise of the powers conferred on the Government by S.3 of the Travancore Cochin Public Safety Measures Act, 1950 (Act V of 1950), a section which has been held to be ultra vires of the Constitution in 1953 KLT 735 and 1953 KLT 863 for lack of the Presidential sanction prescribed by Art.304, and there can be no doubt that if those decisions are correct this petition has to be allowed.

(2.) The only question, therefore, that arises for consideration and which was urged before us was regarding the correctness or otherwise of the said decisions. The relevant portion of Art.304 of the Constitution reads as follows:--

(3.) The said Act was passed by the Assembly after the Constitution came into force on 29.3.1950, and after receiving the assent of His Highness the Raj Pramukh was published in the Travancore Cochin Gazette (Extraordinary) dated 30.3.1950.