R RAMANUJAM CHETTIAR Vs. COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF TAMIL NADU FOOD AND CO OPERATIVE DEPT MADRAS

JUDGEMENT

(1.) THE petitioner has prayed for a certiorarified Mandamus for quashing the G.O.Ms. No.128 Food and Co -operation dated 24 -2 -1981, and to direct the respondents to fix the quota sugar for the petitioner's card as per law.

(2.) THE petitioner is a holder of a family card and his declared income is Rs. 500 per month. He states as follows: Till February 1981, the petitioner was eligible and was receiving 5 kilograms of sugar every month on his ration and for his family at the control rate of Rupees 3.50 per kg. Till then, every card holder was eligible for the said quantity every month. The impugned order has resulted in the reduction of the quota sugar to 3 kgs. for card holders, whose monthly income ranges between Rs. 500 and Rupees 999. His family consists of six members and three kgs. of sugar is hardly sufficient. Therefore, he was forced to purchase sugar in open market at Rupees 7.50 per kg.

(3.) HE claimed that Government has created classification on the basis of income, which has no nexus to the objects sought to be achieved under Essential Commodities Act. When it is duty bound to protect economically weaker sections of the society, it allots more sugar to the higher income group and less quantity of sugar to the lower income group, thereby violating Art.14 of the Constn, as the classification is arbitrary.