The Judgment of the Court was delivered by UNTWALIA, J. All these Civil appeals filed on grant of certificates of fitness by the High Court of Kerala have been heard together ,and.
754/72 and for Respondents In rest of the Appeals .
From the Judgment and Order dated the 27th September, 1971 of the Kerala High Court in O.P. Nos.
are being disposed of by a companymon judgment as their facts and the points involved in them are identical.
The respondents filed various writ petitions questioning the validity of the orders of the State Government of Kerala levying administrative surcharge on the export of tapioca.
466 of 1971 respectively.
3834 of 1969 In CA No.
The rates of administrative charge levied on tapioca in the Scheme dated 15th April, 1966 was varied from time to time and a companyy of the order dated 20th October, 1967 specifying the revised rates was Ext.
Under clause 5 of the said order numberperson companyld export tapioca except under and in accordance with a permit issued by the Commissioner or any officer authorised by him in this behalf.
Respondents are dealers in tapioca and do the business of exporting it also outside the State of Kerala.
514 of 1973 and 515 of 1973.
In their writ petition, they also claimed refund of the amounts realised by the State Government on the basis of the impugned orders.
Sinha Solicitor General for India and A. G. Pudissery for the appellants, In, all the appeals .
Writ petitions were allowed by a bench of the Kerala High Court and Civil Appeals 729 757 of 1972 are directed against the orders in the writ Petitions.
Two of the Civil Appeals namely Civil Appeals 514 and 515 of 1973 arise out.
1 In CA No.
Even before the promulgation of the Kerala Tapioca Manufacture and Export Control Order, administrative surcharge was levied under a Scheme formulated by the State Government, on the 15th April, 1966 published in the Kerala Gazette dated 3 5 1966.
of the Appellate order of the Kerala High Court dismissing the appeals from the orders allowing the writ petitions.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
In exercise of the powers companyferred by sub section 1 and subsection 2 of Section 3 of the Essential Commodities Act, 1955 Central Act 10 of 1955 , hereinafter referred to as the Act, read with the order of the Government of India dated the 9th June, 1966 and with the prior companycurrence, of the, Central Government.
Appeals from the Judgments and Order dated the 28th March, 1972 and 11th February, 1972 of the Kerala High Court in Writ Petition No.
746 and 748/72 respondent No.
Clause 6 of the order provides for the filling of applications for the grant of permits for tapioca in Form III and the permit for the export of tapioca shall be in form IV.
A companyy of the order dated 15th April, 1966 was given to us by the learned Solicitor General appearing for the appellant State.
the Govt.
of Kerala made the Kerala Tapioca Manufacture and Export Control Order, 1966.
33 of 1972 and W. Appeal No.
3 In CA No.
P 1 in one of the writ petitions.
S. Chitale, D. V. Patel K. S. Ramamurthy, V. J. Francis, V. Hassan Koyan, P. Sankaran Kutty and A. S. Nambiar for respondent No.
2 In CA 735/72, respondent No.
731/ 72 only , and CIVIL APPEAL Nos.
5103 and 5105/68 4261, 4329, 4369, 4518, 4580, 4618, 4657, 4769, 4829, 4837, 4870, 4948, 5919, and 5056/1969, 240 241, 433, 534, 536, 866, 869, 1559, 4982, 5050, and 5220, of 1970 and O.P. No.
