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1971 Supreme(Ker) 89

V.P.GOPALAN NAMBIYAR, K.K.MATHEW, T.C.RAGHAVAN
Narayanan Damodaran – Appellant
Versus
Narayana Panicker Parameswara Panicker – Respondent


Advocates:
A. S. No. 542 of 1966 :P.H. Sankaranarayana Iyer, for Appellants; S. Narayanan Poti and N.K. Varkey, for Respondents. C. M. A. No. 124 of 1970: K. Muhamed Naha and N.K. Job, for Appellant. O. P. No. 5360 of 1970:V.N. Swaminathan, for Appellant; Advocate General, for Respondents.

Judgement

RAGHAVAN, AG. C. J. :- These cases have come before a Full Bench since the constitutional validity of Section 4A of the Kerala Land Reforms Act of 1963 (Act 1 of 1964) as amended has been impugned in these

cases. In fact, clauses (a) and (b) of sub-section (1) of the section alone have been impugned in these cases and therefore, the discussion hereinafter will relate only to those two clauses. Since the constitutional validity of the section is impugned, the Advocate General of the State has also appeared.

2. In two of these cases some preliminary objection regarding the application of Section 4A has been raised. Under Section 108, Transitory Provisions. though some discussion has taken place at the bar, eventually the objection has been dropped; and I am not therefore considering the said objection. And I straightway proceed to consider the merits of the attack on the section. I may also observe at the very outset that the learned Advocate General has conceded before us that his attempt would only be to sustain the constitutional validity of the section under Article 31A of the Constitution and if that protective armour is not available, the section may be declared unconsti

























































































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