C. K. ACHUTHAN versus THE STATE OF KERALA AND OTHERS.,

C. K. ACHUTHAN versus THE STATE OF KERALA AND OTHERS.,

None of the fundamental rights under Articles 14, 16(1), 19(1)(g), and 31 were involved; the contract was not one of employment, and the appropriate remedy was civil suit for breach of contract, not invocation of constitutional rights.

Parties
Petitioner: C. K. Achuthan; Respondent: The State of Kerala; Respondent: Co-operative Milk Supplies Society, Cannanore
Jurisdiction
India
Judgment Date
11 December 1958
Procedural Posture
Petition Under Article 32 of the Constitution / Original Jurisdiction, Final Decision
Outcome
Petition dismissed
Legal Topics
Fundamental Rights, Government Contracts, Discrimination
Constitutional Law Contract Law Fundamental Rights Government Contracts Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

C. K. Achuthan

Petitioner

The State of Kerala

Respondent

Co-operative Milk Supplies Society, Cannanore

Respondent

Procedural Posture

Petition Under Article 32 of the Constitution / Original Jurisdiction, Final Decision

Legal Issues

  1. 1 Whether cancellation of a government contract for supply of goods amounts to discrimination in violation of fundamental rights under Articles 14, 16(1), 19(1)(g), and 31
  2. 2 Whether a contract for supply of goods to government constitutes employment under Article 16(1)

Ratio Decidendi

None of the fundamental rights under Articles 14, 16(1), 19(1)(g), and 31 were involved; the contract was not one of employment, and the appropriate remedy was civil suit for breach of contract, not invocation of constitutional rights.

Court Disposition

Petition dismissed

Orders

  • Petition under Article 32 dismissed with costs
  • No fundamental right found to be involved