ITTEYRA Vs. MOIDU

JUDGEMENT

(1.) The petitioner is running a rice mill in Kattakambal Village in Talappilly Taluk with licence No. 104/TPY. The first respondent was also running a rice mill in the same Village in SY. No 673. He has now shifted that rice mill to SY. No. 715/3 of the same Village. He holds licence No. 374/TPY. This shifting of the rice mill of the first respondent is challenged by the petitioner as violating the provisions of the Rice Milling Industry (Regulation) Act, 1958 (the Act). The petitioner challenges it on two grounds. Both these grounds proceed on a basic premise that even an "existing rice mill" becomes a "new rice mill" on change of location. The first contention raised on this postulate is that having regard to extent government orders in the matter, a new rice mill can be installed only if it is equipped with modern machinery for rice milling. Though this contention was stated at the threshold of the arguments, counsel did not persist in it in view of subsequent government orders granting time till 1989 for modernisation of rice mills This point does not therefore, survive for consideration.

(2.) The other point which the petitioner raised and which was pressed with vehemence, was that when a rice mill is shifted from one location to another, it becomes a "new rice mill" and therefore, a permit under S.5 of the Act is required for its establishment in the new site. The first respondent has not applied for, or obtained any such permit. The shifting, and the subsequent operation of the rice mill by the first respondent, are therefore, illegal and liable to be restrained.

(3.) Respondents 2 to 4 submit in reply that the first respondent had only shifted the rice mill from one survey number to another in the same Village. He had submitted an application for permission for such shifting supported by no objection certificate from the Executive Officer of the Kattakambal Panchayat. The matter was enquired into by the Taluk Supply Officer, Talappilly and on the basis of his report, the District Collector, to whom the powers under S.5 and 8 of the Act have been delegated, accorded sanction for shifting the rice mill from SY. No. 673 to SY. No. 715/3 of Kattakambal Village. Accordingly the first respondent shifted the rice mill and it is now operating in its new location.