(Vaidialingam and Ray JJ. agreeing with him):

1. These are three petitions by Twyford Tea Company and one of its directors under Art.32 of the Constitution seeking appropriate writ, order or direction to declare the Kerala Plantations (Additional Tax) Act, 1960 (Act XVII of 1960) and the Kerala Plantations (Additional Tax) Amendment Act, 1967 (Act XIX of 1967) unconstitutional and void. In addition the petitioners ask that the notices annexures B, C and D demanding payment of the tax be also quashed and a sum of Rs. 1,02,106. 02 already paid as tax to the Kerala Government be ordered to be refunded. They further seek a mandamus restraining the State of Kerala and Tahsildar, Peermade from using the two Acts against the petitioners.

2. The petitioner company is incorporated in India and the majority of it shareholders are Indians. It owns a tea estate in Kuttikanam area in the Peer made hills in Kerala State. The estate consists of 1006 hectares equal to 2486 acres of which 491 hectares equal to 1214 acres are tea plantations. According to the petitioners Peermade hills are in the Western Ghats and are divided into two main parts Kuttikanam area roughly 35 sq. miles is situ