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2002 Supreme(Ker) 453

M.RAMACHANDRAN
N. Sreedharan Nair – Appellant
Versus
State of Kerala – Respondent


Judgment :-

By Notification No.1598/45, the Secretary to the Travancore Government on 9-7-1945 had brought into force a set of rules defining the conditions of Viruthi service and the duties of the Viruthi holders with the sanction of His Highness Maharaja. Changes were so brought about in the rules, which held the field till then having been brought into force on 19-10-1898. The Viruthis retained were those for rowing Royal cabin boats and for the performance of velakali and certain other personal services. The Rules provided for the eventuality of succession as well. For the purpose of this case, rule 10 might be relevant, which could be extracted herein below:

"10. If a registered holder dies, the holding may with the sanction of the Assistant Peishkar be transferred to his heir, viz. the next senior male member in the family. In the event of the registered holder dying heirless, the holding may be transferred to any other competent persons willing to perform the services, provided that if such a registered holder is a Marumakkathayee and has sons the holding shall be transferred to such of his sons as may be willing to perform the services, preference being given to the senior o























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