(1.) Whenever scarcity in food is felt, the State steps in with remedial measures, to ensure the availability and an equitable distribution of the food-stuffs. Special Legislation -- some ephemeral and some almost having a 'quasi permanency' -- is also resorted to, to meet such emergent situations. Control Orders of various types, to cover procurement, movement, processing, price fixation and distribution, are issued on those occasions. There has been a spate of litigation in the State arising out of the implementation and the working of these Control Orders. This appeal arises from one among them.
(2.) Palghat District which enjoys the reputation as the granary of the State, has numerous rice mills with their sprawling yards humming with activities. The procurement of paddy, and conversion of it into rice, are transacted on an extensive scale in that area. The suit out of which this appeal arises was instituted in one such area in that District Perintalmanna.
(3.) Clause 3 of the Rice and Paddy (Procurement by Levy) Order casts an obligation on every cultivator to sell to the Government or an agent of the Government or other authorised person, paddy derived from the cultivated lands subject to the various conditions referred to in the Order. Under Clause 7, the payment of price is to be effected by the Government or agent or the authorised person purchasing the Daddy. Under the Paddy and Rice (Declaration and Requisitioning of Stocks) Order, any stockholder can be directed by the specified authorities to convert into rice, the paddy in the possession or control of such stockholder. Every stockholder is obliged to sell to the Government or the agent or other persons named in that behalf at the controlled price such quantity of paddy or rice in his possession as specified in the Order.