A. K. SARKAR, J. C. SHAH, K. SUBBA RAO, B. P. SINHA, SYED JAFAR IMAM
Kavalappara Kottarathil Kochuni Moopil Nayar: Ravunniarath Unnimalu Amma Devaki Amma, Ravunniarath Rajan Menon: K. C. Gopalan Unni, Thathunni Nair, Mannarghat Moopil Nair – Appellant
Versus
State Of Madras: States Of Madras And Kerala: State Of Madras – Respondent
Judgment
SUBBA RAO, J. : These three connected petitions filed under Art. 32 of the Constitution raise the question of the constitutional validity of the Madras Marumakkathayam (Removal of Doubts) Act, 1955 (Madras Act 32 of 1955) (hereinafter referred to as the impugned Act). These petitions were heard by this Court on a preliminary question raised by the respondents and the judgment thereon was delivered on 4-3-1959. This Court rejected the preliminary objection and directed the petitions to be heard on merits, and pursuant to that order, these petitions were posted for disposal or merits.
2. The facts have been fully stated by Das, C. J., in the preliminary judgment and it would, therefore, be sufficient if the relevant facts pertaining to the questions raised were stated here.
3. The petitioner in Petition No. 443 of 1955 is Kavalappara Kottarathil Kochunni @ Moopil Nair. He is the holder of the Kavalappara sthanam to which is attached Kavalappara state situate in Walluvanad Taluk in the district of South Malabar. In pre-British times the Kavalappara Moopil Nair, who was the seniormost male member of Kavalappar Swaroopam (dynasty), was the ruler of Kavalappara territory. He had so
Relied on : Aswini Kumar Ghose v. Arabinda Bose
Sri Ram Ram Narain v. State of Bombay
Distigushed : A. K. Gopalan v. State of Madras
State of Bombay v. Bhanji Munji
State of West Bengal v. Subodh Gopal Bose
Relied on : Narendra Kumar v. Union of India
Basheshar Nath v. Commr. of Income-tax, Delhi and Rajasthan
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