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1959 Supreme(Mad) 47

BALAKRISHNA AYYAR
B. Radhakrishnan – Appellant
Versus
The State of Madras, represented,by the Secretary, Home Department, Fort St. George, Madras – Respondent


Advocates:
M. K. Nambiar and K. K. Venugopal, for Petitioner.
The Additional Government Pleader (K. Veeraswamy), for Respondents.
The Advocate-General (V. K. Thruvenkatachari) and V. Ramaswami, for 3rd Respondent.

Order.-

By a treaty concluded in 1814 between England and France all the possessions in India which had belonged to the French on the 1st January 1792 were to be restored to them. The French also bound themselves not to erect any fortifications in India and to keep in their establishments only such troops as were, "necessary for the maintenance of the Police." In pursuance of this treaty the territories in question were actually handed over to the French in December, 1816. (Vide page 418 of Volume I of the South Arcot District Gazetteer).

The territories that were so handed over to the French included what we formerly used to call the French Settlements of Pondicherry. These settlements do not constitute a compact block but include a number of enclaves inside the district of South Arcot. It is impossible to enter some of these enclaves or emerge from them without crossing Indian territory. For instance a person who wants to go from Pondicherry Town to Canniacovil, both in Pondicherry territory, has to cross a bit of" land, a little less than two miles wide, running past the village of Rettichavady. To go from Villenour to Madagadipet both in Pondicherry territory, one has to cross In

































































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