M PANDURANGAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) By proceedings dated 24.9.1993 of the second respondent, the license granted to the petitioner for retail trade of kerosene under the provisions of the Tamil Nadu Kerosene (Regulation of Trade) Order, 1973 was cancelled on the ground that the petitioner was not exclusively dealing with kerosene trade for his livelihood, as he was also running a sweetmeat business. On revision, the first respondent, by proceedings dated 19.11.1996, confirmed the order of the second respondent dated 24.9.1993. Hence, the above writ petition for issue of a writ of Certiorarified Mandamus to call for the entire records culminating in the passing of the impugned letter No.62903(A)/F2/93-11, dated 19 .11.1996, on the file of the first respondent herein, quash the same as illegal and consequently direct the respondents herein to hold the petitioner as a retail trader in kerosene within the meaning of the provisions of the Tamilnadu Kerosene (Regulation of Trade) Order, 1973, and a Government Lr.No.202, Food & Cooperation Department, dated 23.3.1982. By proceedings dated 24.9.1993 of the second respondent, the license granted to the petitioner for retail trade of kerosene under the provisions of the Tamil Nadu Kerosene (Regulation of Trade) Order, 1973 was cancelled on the ground that the petitioner was not exclusively dealing with kerosene trade for his livelihood, as he was also running a sweetmeat business. On revision, the first respondent, by proceedings dated 19.11.1996, confirmed the order of the second respondent dated 24.9.1993. Hence, the above writ petition for issue of a writ of Certiorarified Mandamus to call for the entire records culminating in the passing of the impugned letter No.62903(A)/F2/93-11, dated 19 .11.1996, on the file of the first respondent herein, quash the same as illegal and consequently direct the respondents herein to hold the petitioner as a retail trader in kerosene within the meaning of the provisions of the Tamilnadu Kerosene (Regulation of Trade) Order, 1973, and a Government Lr.No.202, Food & Cooperation Department, dated 23.3.1982.

(2.) Mr.D.Peter Francis, learned counsel for the petitioner challenges the cancellation of license granted to the petitioner for retail trade in kerosene on the following grounds:

(3.) Per contra, Mr.M.S.Palanisamy, learned Additional Government Pleader contends that since the intention of the Government is to grant retail trade license in Kerosene to the really deserving persons, who are below the poverty line and wholly depending upon such license for their livelihood, the cancellation of retail license granted to the petitioner on the ground that the petitioner is not exclusively dealing in kerosene for his livelihood is fully justified.