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1989 Supreme(Ker) 290

MALIMATH, BHASKARAN NAMBIAR
Sukapuram Sabhayogam – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Bhaskaran Nambiar, J.

Two vital provisions of the Kerala Land Reforms Amendment Act 27 of 1979, Explanation II added to S.27 of the Parent Act and the transitory provision, S.17, are in challenge in this writ petition. Shri.T.R. Govinda Wariyar, counsel appearing for the petitioner has made his submissions on a broad canvas contending that the right to property, no longer a fundamental right, after the 44th Amendment to the Constitution is in a better and favoured position as an ordinary Constitutional right under Article 300 A and thus requiring this Court to consider the scope and content of Article 300 A and also the impact of Article 39(b)& (c) in Part IV of the Directive Principles and the effect of Article 31C of the Constitution.

2. The petitioner, Sukapuram Sabhayogam is a religious institution consisting

of the members of the Namboodiri community in Sukapuram gramam, having as its. objects, the performance of certain religious rights and ceremonies and owning several items of properties, mostly in the possession of tenants. When the Kerala Land Reforms Act came into force, the landlord's rights became vested in the Government and the petitioner was entitled only t





















































































































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