P. B. GAJENDRAGADKAR, N. RAJAGOPALA AYYANGAR, K. N. WANCHOO, J. C. SHAH, S. M. SIKRI
A. P. Krishnaxwami Naidu: R. Muthuswami Gounder, K. Kandi Gounder, Advocate General For The State Of M. P. , S. T. A. K. Paravathammal, Advocate General For The State Of M. P. , Guruviah Naidu – Appellant
Versus
State Of Madras – Respondent
Judgement
WANCHOO, J. : These six petitions under Art. 32 of Constitution raise a common question about the constitutionality of the Madras Land Reforms (Fixation of Ceiling on Land) Act, No 58 of 1961, (hereinafter referred to as the Act), which was assented to by the President on April 13, 1962 and came into force on publication in the Fort St. George Gazette on May 2, 1962. The constitutionality of the Act is attacked on the ground that it violates Arts. 14, 19 and 31 (2) of the Constitution. It is not necessary to set out in full the attack made on the constitutionality of the Act in these petitions. It will be enough if we indicate the two main attacks on the constitutionality of the Act under Art. 14. The first of these is with respect to S. 5 of the Act which lays down the ceiling area. The second is on S. 50 of the Act read with Sch. III thereof, which provides for compensation. It is urged that the Act is not protected under Art. 31-A of the Constitution and is therefore open to attack in case it violates Arts. 14, 19 or 31. The petitioners in this connection rely on the judgment of this Court in K. Kunhikoman v. State of Kerala, 1962 Supp (1) SCR 829.
2. Before we consider
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