9911796707
TMI Blog1985 (8) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... as part of Ambattur Township and it was highly industrialised area, By his order No. 135/83 (M) GC, dated 13-7-1983 (Annexure-C) he directed that the matter be examined afresh with reference to the turnover of the gold dealers in Ambattur Township as well as the number of dealers in Padi Industrial Area. He further noted that it would also be necessary to take into account the proximity of Padi to Madras City while deciding the application of the respondent and not simply consider Padi as part of Chingleput District ignoring the fact that it is a highly industrialised belt of Madras City. 2. On appeal by the applicant against the above order, the Tribunal in its order No. GC(MAS) 110/84 and C.O. (MAS) No. 9/84, dated 27-11-1984 (Annexure- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ally, carving out jurisdictions of a city or a town, the factor that have been taken into account in estimating the demand for ornaments would appear to be the concentrated and active demand that would arise in a city or a town, as distinct from a diffused and not so intensive demand in a village. If one were to go by such an intention of the Rule making authority, a township would seem to be more akin to a town in that there will be both concentrated demand and larger volume thereof. A township seems to have been set up to look after not only the interests of small number residents of the area covered by it, but also the larger volume of floating population that draws in its resources whether it be a health resort like Kodaikanal or Coutra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that in respect of application for issue of licence in a village the turnover of the district in which it is located should be considered for the purpose of the said Rule . (ii) When there is a specific and expressly worded provision in law for assessing the demand for the gold for the purpose of issue of gold control licence, whether the Tribunal was correct in ignoring such expressly worded provision and basing its decision on intent of Rulemaking authority. 4. We have heard both sides on the application for reference. As a result of discussion, it has been decided to refer the following question to the Honourable High Court of Judicature at Madras : Whether in the facts and circumstances of the case, the decision of the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
