A. VENUGOPALA CHETTIAR Vs. THE STATE REPRESENTED BY THE SECRETARY, FOOD AND AGRICULTURE DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE writ appeal is within a limited compass, and, stated, very briefly, it really involves the interpretation and application of the principle laid down by their Lordships of the Supreme Court in State of Maharashtra v. B.K. Takkamore : [1967] 2 SCR 583 , to the facts of the case.

(2.) THE facts are that the appellant was the holder of a licence under the Madras Foodgrains Dealers Licensing Order, 1958. Charges were framed against him for alleged infringement of the terms of the licence, and derelictions of duty in the light of obligations undertaken by the licensee. There were four such charges; two of them related to possession of excess stock on physical verification, and the third charge related to transport on 21st July, 1959 of 70 bags of rice, for sale, outside the State to Kerala, without the issue of a sale bill as required by condition 5 of the licence. The fourth charge related to non -delivery of a large quantity of rice towards procurement.

(3.) THE charges were held proved, and the writ appellant was punished, by his licence being suspended for a period of nine months. This was confirmed by the District Revenue Officer, on appeal. It was ultimately reduced to a period of suspension for three months by the Government. The writ appellant then filed W.P. No. 533 of 1961 for quashing the orders in. this matter, and the petition was heard by Srinivsan, J., and dismissed.