K. JANARDHAN PILLAI & ANR. ETC. ETC. versus UNION OF INDIA & ORS. ETC. ETC.

K. JANARDHAN PILLAI & ANR. ETC. ETC. versus UNION OF INDIA & ORS. ETC. ETC.

Raw cashewnut is a foodstuff under section 2(a)(v) of the Essential Commodities Act, 1955 and therefore cannot be declared an 'essential article' under section 2(a) of the Kerala Essential Articles Control (Temporary Powers) Act, 1961. The State Government's declaration and order regulating cashewnut procurement and distribution are ultra vires and liable to be quashed.

Parties
Petitioner: K. Janardhan Pillai & Anr. etc. etc.; Respondent: Union of India & Ors. etc. etc.
Jurisdiction
India
Judgment Date
23 January 1981
Procedural Posture
Writ Petition (original Jurisdiction) Under Article 32 of the Constitution / Final Judgment
Outcome
Petitions allowed; declaration and impugned order quashed.
Legal Topics
Essential Commodities, Interpretation of Statutes, State V. Central Powers
Constitutional Law Administrative Law Commodity Regulation Essential Commodities Interpretation of Statutes State V. Central Powers

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Parties

K. Janardhan Pillai & Anr. etc. etc.

Petitioner

Union of India & Ors. etc. etc.

Respondent

Procedural Posture

Writ Petition (original Jurisdiction) Under Article 32 of the Constitution / Final Judgment

Legal Issues

  1. 1 Whether raw cashewnut is a 'foodstuff' within section 2(a)(v) of the Essential Commodities Act, 1955
  2. 2 Whether the Kerala State Government is competent to declare raw cashewnuts as an 'essential article' under section 2(a) of the Kerala Essential Articles Control (Temporary Powers) Act, 1961
  3. 3 Whether the State declaration and subsequent order contravene section 2(a) of the Kerala Act

Ratio Decidendi

Raw cashewnut is a foodstuff under section 2(a)(v) of the Essential Commodities Act, 1955 and therefore cannot be declared an 'essential article' under section 2(a) of the Kerala Essential Articles Control (Temporary Powers) Act, 1961. The State Government's declaration and order regulating cashewnut procurement and distribution are ultra vires and liable to be quashed.

Court Disposition

Petitions allowed; declaration and impugned order quashed.

Orders

  • Declaration by Kerala Government that raw cashewnut is an essential article under the Kerala Act and the impugned order made thereunder are quashed.
  • Other contentions, including fundamental rights, are left open.