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2024 Supreme(Ker) 1605
IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, C.J., S.MANU, J.
Zamoothiri Raja Kudumba Kendra Samithy Reg. No. KKD/CA/762/2014 – Appellant
Versus
Union Of India – Respondent
WA No. 83 of 2024
Decided on : 24-10-2024
Advocate Appeared:
For the Appellant : S.M.PRASANTH, K.RAMAKUMAR (SR.), T.RAMPRASAD UNNI
For the Respondent: ADV DINESH R.SHENOY, SRI K RAMAKUMAR (SR), SRI DINESH R SHENOY
IMPORTANT POINT
The court determined that the rejection of the Appellants' representation regarding Malikhana payments was perverse and lacked justification, necessitating a detailed examination of whether Malikhana constitutes a pension or compensation.
Headnote:
(A) Kerala High Court Act, 1958 - Section 5 - Writ Petition challenging rejection of revision for Malikhana payments - Appellants contend Malikhana is compensation, not a pension; Respondents classify it as a political pension under the Pension Act 1871 - Court finds rejection of representation was perverse and lacked reasoning. (Paras 10, 11, 28, 30)
(B) Representation - Nature of Malikhana payments - Historical context of the 1806 Agreement and its implications for compensation versus pension - Court emphasizes need for detailed decision on nature of Malikhana. (Paras 29, 31)
Facts of the case:
The Appellants, members of the Zamorin family, sought revision of Malikhana payments established in 1806, arguing it is compensation for surrendering properties, not a pension. The Government of India had previously rejected their representation.
Findings of Court:
The Court quashed the rejection orders and restored the representation for reconsideration, mandating a detailed examination of the nature of Malikhana payments.
Issues: The main issues included the classification of Malikhana as a pension or compensation, and whether the rejection of the representation was justified.
Ratio Decidendi: The Court ruled that the rejection was perverse and lacked proper reasoning, necessitating a fresh evaluation of the nature of Malikhana payments.
Result: Appeal allowed; representation restored for reconsideration.
JUDGMENT :
NITIN JAMDAR, C.J.
The Appellants before us were members of the Zamorin family, who were rulers of the Kozhikode region in the State of Kerala. An agreement (Karar Namah) dated 15 November 1806 was executed between the East India Company and Korikorte Mauna Wickama Samoory Rajah of Nedyeruppu Suruwum in respect of Malikhana, a sum promised by the East India Company. The Appellants contend that the sum received under 1806 Agreement is not a pension but compensation for handing over the properties and is not fixed and liable for revision. The learned Single Judge has negated this contention. Hence, this appeal under Section 5 of the Kerala High Court Act, 1958.
2. The relationship between the East India Company, the Zamorins, the Dutch, the Portuguese and the rulers of Mysore evolved over a long period of time. It involved alliances, conflicts, and strategic agreements driven by the Company’s commercial interests and Mysore Rulers’ territorial expansions. An agreement dated 15 November 1806, Exhibit P1, was executed between the East India Company and the Korikorte Mauna Wickama Samoory Rajah of Nedyeruppu Suruwum, commonly referred to as the Zamorin Raja. The 1806 Agreement needs to be reproduced to place the matter in perspective. It is as under:
“Kararnamah or Agreement entered into between the Honourable Company’s Government and Korikorte Mauna Wickama Samoory Rajah of Nedyeruppu Suruwum for himself and his family, defining the conditions on which the Malikhana they have heretofore enjoyed is confirmed to them in perpetuity
Whereas karamamahs or agreements were signed and executed between James Stevens, Esq., Supravisor of the Province of Malabar under the authority vested in him by the Honourable the Governor in Council of Bombay on the one part, and by certain Malabar Rajahs and Chieftains on the other part. Wherein it was among- other stipulations agreed, that for the term of five years commencing on the 1st of Kanny 970 M .S., one-fifth share of the net collections of certain districts should be on certain conditions paid annually for the said period of five years to Korikato Mauna Wickram Samoory Rajah, out of the revenues accruing to the Company’s Government.
And whereas the said term of five years so stipulated is now and has been long since expired and the conditions of the said kararnamahs or agreements consequently void and of no effect and no permanent settlement of the revenues of Malabar having since been carried into practice, the Malikhana to the several Rajahs has been continued by the free bounty of the Company’s Government on the basis of the aforesaid kararnamahs or agreements. And whereas the jurisdiction of the Province of Malabar having been transferred to the Government of Fort St. George, the Principal Collector has received the orders of the Right Honourable the Governor in Council to fix one general assessment of land revenue throughout the Province of Malabar on certain principles. And whereas the proposed assessment may in its operation reduce the amount of jumma up on certain districts in particular, or upon the whole province in general. Whereby the usual Malikhana of five per cent, on the jumma may be diminished in certain cases to the prejudice of the comforts of the Rajahs and their families, contrary to the benevolent intentions of the Company’s Government towards the Rajahs of Malabar.
And for as much as some of the younger branches of certain Kowilgums have at several times forgotten their duties of allegiance to' the Company’s Government, and have in some instances fomented and excited disturbances in the country, and some are at this moment in actual hostility and rebellion against the Government, and it is expedient to use every precaution to avert such evils in all time to come. But whereas the Company’s Government are in its justice disposed to pardon the former errors of the few (the crimes of open hostility and 'rebellion excepted) in consideration of the allegiance and commendab
