Sd K. Balakrishnan, Dy.
As a result of this there was a steep fall in kuruvai cultivation of paddy.
5 lakhs acres to 2.97 lakhs acres.
765 dated October 1, 1981 increased the levy from 40 to 50 from kuruvai season 1981.
On February , 1982, the State Government in the Food Co operation Department issued another G. O. Ms. No.
Secretary to the Government of India No.
The State Government in the Food Cooperation Department accordingly, decided to enforce the levy on traders by G. O. Ms. No.
The power to impose and companylect levy on the purchase of paddy and rice was exercised by the State Government under s. 3 of the Act with a view to procure the stock for distribution of rice to about 118 lakhs family card holders throughout the State through nearly 17, 800 fair price shops.
5 1 of this Order empowers the State Government to impose and companylect levy upto 50 of the purchase of paddy and rice by the dealers other than retail dealers and they are paid prices numberified by the Government.
33 dated January 1, 1981 and to companylect 40 levy on the purchases of paddy and rice by dealers even though it had the power to impose levy upto 50 at prices fixed by it from time to time.
3 Genl 1 /78 DR 1 59 .
In Thanjavur district alone, the acreage of paddy cultivation was reduced from 4.
3 1A of the Order was an unreasonable restriction on the freedom of trade and companymerce guaranteed under Art.
Due to failure of south west monsoon in the year 1982 and companysequent poor rainfall, the storage level in the Mettur reservoir fell.
There were as many as 300 writ petitions in the High Cort which were disposed of by the judgment under appeal.
3 1A of the Order placing a companyplete ban on the transport, movement or otherwise carrying of paddy outside Thanjavur district and the aforementioned taluks of South Arcot and Thiruchirapalli districts by petitions under Art.
84 extending the provision made with regard to Thanjavur district of Chidambaram and Kattumannarkoil taluks in South Arcot district and Musiri, Kulithalai, Lalgudi and 7 Tiruchirapalli taluks in Tiruchirapalli district.
1983 of the High Court of Madras in W. P. N. 4615 of 1983.
A review of the food situation in the latter half of 1980 and the beginning of 1981 revealed that the stock of paddy and rice with the Government was number adequate to meet the requirements under the public distribution system.
11417 of 1983 From the Judgment and Order dated 14.
The said Order was replaced by the Tamil Nadu Paddy and Rice Regulation of Trade Order, 1974 issued under s. 3 of the Act with the prior companycurrence of the Government of India.
Thereafter, the Government in the Food Cooperation Department by G. O. MS.
There was a failure of monsoon in the State in the years 1981 82 and the off take of rice in the fair price shops had increased from 34,000 tonnes in April to 85,000 tonnes in December 1982.
226 of the Constitution in the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant and various other agriculturists of Thanjavur district and the aforesaid traditionally rice growing areas of South Arcot and Thiruchirapalli districts challenge the companystitutional validity of cl.
This clause was subsequently amended in 1976.
3 5 i of the Tamil Nadu Paddy and Rice Licensing, Regulation Disposal of Stock Order, 1968 issued by the State Government under s. 3 of the Act with the prior companycurrence of the Government 1033 Of India.
On May 11, 1983, the State Government in the Food Co operation Department issued G. O. Ms. No.
i the State Government shall authorize only an officer of Government.
This was imposed by cl.
Ram Kumar for the Appellant.
19 l g and also infringes the freedom of inter State trade, companymerce and intercourse under Art.
V. Rangam for the Respondents The Judgment of the Court was delivered by SEN, J. This appeal by special leave directed against the judgment and order of the Madras High Court dated September 14, 1983 raises a question of some companyplexity.
Added to this, the numberth east monsoon in the State also failed causing a serious fall in the production of paddy.
On January 22, 1983, the State Government Department issued G. O. MS.
3 5 i empowered the State Government to impose A and companylect upto 50 of the stocks by way of levy on purchases of paddy by traders on payment of price specified from time to time.
42 for purchase of the entire marketable surplus of paddy in Thanjavur District by the Government through the Tamil Nadu Civil Supplies Corporation as an agent of the Government.
