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1960 Supreme(Ker) 137

M.MADHAVAN NAIR, MOHAMMED AHMED ANSARI
MANAVIKRAMA ZAMORIN RAJA OF KOZHIKODE – Appellant
Versus
COMMISSIONER, H. R. & C. ENDOWMENTS – Respondent


Judgment :-

1. The petitioner claims the respondents' actions to be unconstitutional, and, failing the ground, to be otherwise without jurisdiction. He has consequently prayed for a writ of certiorari, or other appropriate writs, to protect him against the aforesaid acts. Before adjudicating on the legal grounds, we would state the facts, that have caused the writ petition.

2. It is not denied that the petitioner, the Zamorin Rajah of Calicut had become the hereditary trustee of the Varakkal Devaswom in Katchery Amsom, Kozhikode Taluk, from May 2,1958. The Devaswom owns vacant lands in T. S. Nos. 221, 242 and 251 in Katchery Amsom, and they were at one time taken on lease by the Collector of Malabar on annual rent of Rs. 26-13-6, when they were being used for military purposes. After the expiry of the lease, the trustee, who was the petitioner's immediate predecessor, was informed of the intention to surrender the lands to the Devaswom, and about his making arrangements to assume their possession. The predecessor, after having taken possession, had granted a lease of the lands on January 27,1958, to his son for five years, The new lessee was to pay the rent of Rs. 36, and undertook




































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