M.S.MENON, T.K.JOSEPH, C.A.VAIDIALINGAM
Govindaru Nambooripad – Appellant
Versus
State of Kerala – Respondent
1. The petitioners in these writ petitions challenge the validity of the Kerala Agrarian Relations Act, IV of 1961, (hereinafter referred to as the Act) mainly on the following grounds:
(i) The Bill which became the Act had lapsed before it was assented to by the President and the Assent of the President was of no avail to turn it into law.
(ii) The Act violates the fundamental rights guaranteed to the petitioners under Art.14,19 and 31 of the Constitution.
(iii) The properties of the petitioners are not Estates within the meaning of the expression in Art.31A of the Constitution.
(iv) The manner in which ceiling is fixed results in discrimination.
(v) Compensation payable is quite illusory and results in discrimination.
(vi) The classification of land for the purposes of the Act as well as the exemption of certain types of plantations is discriminatory.
2. The broad ground on which the petitions are opposed by the respondent, the State of Kerala, is that the lands in question fall within the definition of "estate" in Art.31A and that the legislation is therefore constitutional.
3. We may observe at the outset that in view of the decisions of the Supreme Court in Purushothaman N
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