A AZHAIKIANAMBIA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions challenge the vires of Clause.51A of the Kerala Rationing Order, 1966, and the validity of the action taken thereunder, viz., the notices issued to the petitioners to show cause against terminating their appointments to deal in rice and wheat. It is common ground that the petitioners are persons who are authorised Ration Distributors under Clause.51 of the Rationing Order or who may be deemed to have been appointed as such under the provisions of the said clause. The Rationing Order was promulgated by the Government of Kerala under the powers conferred by sub-s.(1) and (2) of S.3 read with S.5 of the Essential Commodities Act 1955. Clause.54(1) of the Rationing Order empowers the District Collector by order to appoint in respect of any area, any person as authorised wholesale distributor in respect of any rationed article. On such appointment, by Clause.4, the wholesale distributor is entitled to supply rationed articles in accordance with the provisions of the Order in the areas specified in the order of appointment. The distributor is to furnish to the Government sufficient security for the due performance of his work and to execute an agreement with the District Collector for the due performance of the conditions of appointment. Sub clauses (8) and (9) of Clause.51 of the Order provided for the grounds for suspension or cancellation of the appointments. These sub clauses may conveniently be extracted:.

(2.) The impugned Clause.51A was introduced by a Government notification dated 19-9-1967 published in the Kerala Gazette Extraordinary of the same date and reads as follows:

(3.) By way of a sample, Ext. P4 in O. P. No. 3415 of 1967 may be treated as representative of the notices issued to the various petitioners to show cause against the cancellation of their appointment. It reads: