1. O.P. 6/1950 is an application under Art. 226 of the Constitution of India praying that "the Court may be pleased to order the Government of the Travancore-Cochin State and the Paliam Manager under the Government not to proceed under the Cochin Revenue Recovery Act to recover arrears due to the Paliam from the petitioner or from the Paliam tenants."

2. The Paliam is an ancient Nair Tarwad of the erstwhile Cochin State. In the year 1095, the Cochin Nair Act, XIII/1095 was passed which, in chapters 6, 7 and 8, made provision for the management of the tarwad, the partition of properties, and for the constituting of tarwads impartible. In 1097 the Paliam Tarwad Act, VIII/1097 was passed, the preamble whereof is as follows:

"Whereas the Paliam Tarwad is the most ancient family in the State of Cochin, having its long family traditions of prestige and of usage conductive to its dignity and position, and whereas some of the provisions of the Cochin Nair Act, XIII of 1095 cannot be made applicable to the said Tarwad and its properties without affecting its position and the welfare of its tenants; it is hereby enacted as follows:".

S.3 of the Act saves the Tarwad from the operati