PHARMACEUTICALS AND CHEMICALS TRAVANCORE PRIVATE Vs. STATE OF KERALA
LAWS(KER)-1963-10-36
HIGH COURT OF KERALA
Decided on October 18,1963

PHARMACEUTICALS AND CHEMICALS (TRAVANCORE) PRIVATE LTD., Appellant
VERSUS
STATE OF KERALA Respondents




JUDGEMENT

- (1.)The petitioners, in these writ petitions, who are engaged in the manufacture and sale of all kinds of spirituous preparations besides Allopathic tinctures, challenge the right of the State Government to collect fees for assaying the companies' products and the costs of the Excise establishment deputed to supervise the operations of the companies concerned.
(2.)Mr. V. K. K. Menon, learned counsel appearing for all these petitioners, as well as the learned Advocate General appearing for the State, the respondent in all these matters, have agreed to treat the pleadings in O. P. No. 1674 of 1962 as representing the stand taken by the various petitioners regarding their grounds of attack, against the levy in question, as well as the stand taken by the State Government to justify the said levies. Therefore, I will refer to the averments in the pleadings in the said writ petition as well as the exhibits filed by the petitioner and the State Government in that matter.
(3.)The petitioner in O. P. No. 1674 of 1962 is engaged in the manufacture and sale of all kinds of spirituous preparations besides Allopathic tinctures. An agreement dated 6 2 1953 was entered into between the petitioner and the Travancore Cochin Government, copy of which is Ext. P1. In Ext. P1 it is stated that at the request of the company, the Government have been pleased to grant the privilege of manufacture & supply of all kinds of spirituous preparations besides Allopathic tinctures, subject to the various terms and conditions mentioned therein. Though there are several clauses in the said agreement, it is not necessary to refer to all of them, because the controversy relates only to the levy on the basis of some of the conditions in the agreement. Therefore, I will advert only to the relevant clauses in the agreement.
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