VAIDIALINGAM, J. :- (On behalf of himself and T.K. Joseph, J.) : In this writ petition, on behalf of the petitioner, his learned counsel, Mr. K. V. Surianarayana Iyer, seeks a declaration that the Kerala Agrarian Relations Act, 1960, Kerala Act 4 of 1961, is ultra vires, unconstitutional and void and is not binding on the petitioner and his lands situated in the area commonly known as the Malabar area, which once formed part of the State of Madras, and is now part of the Kerala State, after the States Reorganisation in 1956.

(a) The petitioner also prays for the issue of a writ of certiarari to quash the notification, G. O. (P) No. 147 dated 15-2-1961 issued by the first respondent, the State, appointing the 15th day of February, 1961, as the date on which Sections 1 to 40, 57, 58, 70, 74 to 79 and 81 to 95 of Kerala Act 4 of 1961 are to come into force, as that notification is unconstitutional and illegal. There is a further prayer for the issue of a writ of mandamus forbearing the respondents, which include the Land Tribunals at Palghat, Ottappalam, Trichur and Tirur, from enforcing the provisions of Kerala Act 4 of 1961 and also from proceeding further with certain applications, stated to have been filed by the tenants of the petitioner, claiming relief under Kerala Act 4 of 1961.

3. In the Original affidavit filed by the petitioner on 23rd September, 1961, the petitioner avers that the Sabha Yogam owns properties in Alathur, Ottappalam, Tirur and Talappilly and most of the lands are either held by kanomdars under kanom demises or by venipattom tenants under lease deeds or otherwise. According to the petitioner Ambalappadam Srambichira Nilam lands in Kuthannur Amsom, Alathur, were outstanding in the possession of one Paramannil Mohammed Rowther and the contract rent was 554 paras of paddy. After the death of the original tenant, his sons Kabir Rowther and Jabar Rowther, have filed applications before the 2nd respondent, the Land Tribunal, Ottappalam, for fixation of fair rent under Kerala Act 4 of 1961, and the petitioner has been served with notice of the said application which is application No. 596 of 1961 on the file of the Land Tribunal, Ottapalam.

4. The petitioner further states that certain other items of properties, namely, Edamannu Padathu Mela Chira Nilam etc., again in Kuthanur amsom and desom, Alathur Taluk, were in the possession of one Murugan Ezhuthassan on a contract rent of 300 paras of paddy. A part of the tenancy rights appears to have been assigned to one Mohamed Haneefa and the latter after such assignment, was paying a rent of 140 paras of paddy for the land purchased by him. The said Mohammed Haneefa has again filed an application before the second respondent as O. A. No. 594 of 1961 for fixation of fair rent under Kerala Act 4 of 1961, and the petitioner has been served with notice of the said application.

5. According to the petitioner, the applications filed by the parties referred to above, and the notices issued on that basis, are illegal and void because the Kerala Agrarian Relations Act, 4 of 1961, itself is unconstitutional and no relief could be claimed on the basis of that statute.

6. The grounds of attacks raised as against the statute in the said original affidavit are broadly two: (1) that the Kerala Agrarian Relations Bill, 1957 which was passed by the Legislative Assembly and which was pending assent before the President under Article 200 of the Constitution has lapsed, consequent on the dissolution of the State Legislative Assembly on 31st July 1959; and (2) the Act violates the fundamental rights guaranteed under Articles 14, 19 (1) (f) and (g) and 31 of the Constitution. The various aspects as to how the Act is violative of the fundamental rights are also detailed in the affidavit.

7. The petitioner has filed an additional affidavit dated 22nd February, 1962, raising certain other additional grounds of attack as against Kerala Act 4 of 1961.

8. The petitioner in this affidavit ad