Judgment :- Srinivasan, J. In this writ petition, the prayer is for declaration that the Tamil Nadu Scheduled Articles (Prescription of Standard) Order, 1977 published in G.O.Ms. No.218 (Food), dated 20.8.1977, as amended by G.O.Ms. No.218, dated 3. 1988, Food and Consumer Protection Department, Government of Tamil Nadu is unconstitutional, ultra vires, illegal and invalid. Though the prayer is wide enough to challenge the validity of the entirety of the Order of 1977, learned counsel for the petitioner states that in this writ petition he will confine his claim to the validity of the amendment brought in by G.O.Ms. No.218, dated 3. 1988. By the said amendment, the original order was made applicable to petrol and diesel and certain provisions were included with regard to kerosene, petrol and diesel. 2. The State Government was authorised by G.S.R. No.316-E, dated 20.6.1972 issued by the Central Government under Sec.5 of the Essential Commodities Act, 1955 to make orders to provide for matters specified in clauses (a), (b), (c), (d), (e), (f) (h) and (i) and (ii) of (j) of Sub-sec.(2) of the said Act in relation to foodstuffs as may be exercisable by the Central Government. The authorisation or delegation rather was with reference only to foodstuffs. The amendment relates to Kerosene, petrol and diesel which cannot be considered to be foodstuffs by any stretch of imagination. Hence, the schedule order would be invalid on the face of it. 3. The State Government has passed already the Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990. Clause 10 of the said order provided that the provisions of the said order shall have effect not with standing anything to the contrary contained in any order made by a State Government or by an officer of such State Government before the commencement of the order except as respects anything done or omitted to be done thereunder before such commencement. 4. The State Government issued a circular No.E4/ 21831/91, dated 5. 1991 to its officials as follows: “The attention of the Quality Control Personnel of this department are drawn to the provisions of Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990. 4. The State Government issued a circular No.E4/ 21831/91, dated 5. 1991 to its officials as follows: “The attention of the Quality Control Personnel of this department are drawn to the provisions of Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990. It is brought to the notice of this Office that samples of Motor Spirit and High Speed Diesel are still drawn under the provisions of Tamil Nadu Scheduled Articles (Prescription of Standard) Order, 1977. It is a gross violation of the provisions of Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990. The Motor Spirit and High Speed Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990 comes into effect from 10. 1990 in case of High Speed Diesel and from 1. 1991 in case of Motor Spirit. Hence, no sample of Motor Spirit and High Speed Diesel should be drawn under the provisions of Tamil Nadu Scheduled Articles (Prescription of Standard) Order, 1977 after the above dates of effect. Further it is also brought to notice of this office that samples of Motor Spirit and High Speed Diesel are being drawn without seizing any quantity of Motor Spirit and High Speed Diesel, under the provisions of Motor Spirit and H.S.D. (P.M.S. & B) Order 90. If the density various beyond 0.0030 in case of Motor Spirit and High Speed Diesel from that of the density recorded in the invoice and/or the density recorded in the density register maintained by the dealer, it should be treated as adulterated and the entire stock should be seized immediately and only to confirm the stocks are adulterated, sample has to be drawn and sent to the laboratories authorised in the above said order. It is also brought to the notice of this office that the samples of Motor Spirit and High Speed Diesel are being sent to the Laboratory of Industries Department at Guindy, Madras. The above laboratory is not included in the Motor Spirit and High Speed Diesel (P.M.S. & D) Order, 1990 at present and hence no sample should be sent to the laboratory of Industries Department at Guindy, Madras. The above laboratory is not included in the Motor Spirit and High Speed Diesel (P.M.S. & D) Order, 1990 at present and hence no sample should be sent to the laboratory of Industries Department at Guindy, Madras. All the Quality Control Personnel are instructed that if they suspect adulteration on the basis of density test, the stock should be seized immediately under Sec.6 of Essential Commodities Act, 1955 and sample should be sent to any one of the laboratories included in the above said order. Any violation of the above instructions will be viewed seriously. Receipt of the circular should be acknowledged by return of post.” 5. It is seen therefrom that the Government has realised that the amendment brought in by G.O.Ms. No.218, dated 3. 1988 is unenforceable in view of the limited delegation conferred by G.S.R.316-E, dated 20.6.1972 issued the Central Government. It is needless to say that the said amendment is not enforceable in any manner as the amendment is wholly invalid and ultra vires the powers of the State Government. It is enough if the said position is declared and there is no question of issuing writ as prayed for by the petitioner. It is made clear that no portion of the amendment brought in by G.O.Ms. No.218, dated 3. 1988 could be enforced by any of the officials of the State Government. If any action had been taken after the amendment pursuant to the provisions therein, such action will be invalid and no further proceedings can go on in pursuance thereof. To that extent the writ petition is allowed. No costs.