CHENNAI DISTRICT HANDCARTMAN KEROSENE RETAILERS PROGRESSIVE SANGAM Vs. SECRETRAY GOVERNMENT OF TAMILNADU FOOD AND CONSUMER PRODUCTION DEPT FORT ST GEORGE

JUDGEMENT

(1.) THE members of the petitioner-Sangam are selling Kerosene by handcart besides the sale of kerosene through the Public Distribution System to fulfil the needs of the public. Bach handcartman was supplied with 100 litres of kerosene on every working day for selling the same to the consumer at the rate of two litres per family, without insisting on family cards by street vending.

(2.) THE first respondent-State Government, taking into consideration the inadequacy of quantity of kerosene to meet the entire demand of kerosene under Public Distribution System, by G.O.Ms. No. 101, Co-operation, Food and Consumer Protection Department dated 4.5.1999 accorded prior approval to the second respondent, as contemplated in the proviso to sub-clause (2) under clause 11 of the Tamil Nadu Kerosene (Regulation of Trade) Order, 1973 (hereinafter referred to as Regulation Order) to reduce the quantum of supply of kerosene to handcartman in Chennai city and its belt areas from 100 litres to 50 litres on every working day per handcartman.

(3.) EVEN though the petitioner-sangam has challenged the impugned proceedings dated 5.5.1999, on the ground that the same is violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India as well as the principles of natural justice, Mr. P.H. Pandian, learned senior counsel appearing for the petitioner, confines his argument that the G.O.Ms. No. 101, Co-operation, Food and Consumer Protection Department, dated 4.5.1999, and the consequential impugned proceedings cannot be enforced of the said G.O. Ms. No. 101 Cooperation, Food and Consumer in law for want of publication Protection Department dated 4.5.1999, in the Official Gazette, as contemplated under Section 3(5)(a) read with Section 2 (cc) of the Essential Commodities Act (hereinafter referred to as the Act).