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1998 Supreme(Ker) 476

A.R.LAKSHMANAN, K.NARAYANA KURUP
Preman – Appellant
Versus
Union of India – Respondent


Judgment :-

AR. Lakshmanan, J.

Heard Mr. P. Chidambaram Senior Advocate, for Mr. Tony George Kannanthanam and Mr. Romy Chacko for the petitioners and Mr. K. Ramakumar, Senior Central Government Standing Counsel for the first respondent in O.P. No. 5150 of 1995 and the sole respondent in O.P. 16501 of 1996. The petitioners in both the Original Petitions are Christians. Aggrieved against S.118 of the Indian Succession Act, 1925, they have filed the Original petitions to declare the said provision as unconstitutional, discriminatory and violative of Arts.13(1), 14, 15(1), 25 and 51A of the Constitution of lndia and to direct the State Government to exempt Christians from S.118 by invoking S.3 of the Indian Succession Act since S.118 is violative of Art.14 of the Constitution of India. A further direction is also sought for to the State Government to take a decision on Ext. P1 representation and pass a speaking order within one month.

2. According to the petitioners, they are aggrieved by the discriminatory treatment meted out to members of Christian community under the Indian Succession Act by which they are practically prevented from bequeathing property for religious and charitable pu





















































































































































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