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1960 Supreme(SC) 346

A. K. SARKAR, B. P. SINHA, J. C. SHAH, K. SUBBA RAO, SYED JAFAR IMAM
Kunnathat Thathunni Moopil Nair – Appellant
Versus
State Of Kerala – Respondent


Advocates:
C.K.DAFTARY, J.B.DADACHAN, K.V.SURYANARAYANA IYER, M.C.SETALVAD, P.L.VOHRA, Rameshwar Nath, RAMESHWAR NATH ROY, S.N.ANDLEY, SARDAR BAHADUR SAHARYA, SYED MOHAMMED

Judgment

SINHA, C.J.I. : In this batch of 22 petitions under Art. 32 of the Constitution, the petitioners impugn the constitutionality of the Travancore-Cochin Land Tax Act, XV of 1955, as amended by the travancore-Cochin Land Tax (Amendment) Act, X of 1957, which hereinafter will be referred to as the Act. The Act came into force on June 21, 1955, and the Amending Act on August 6, 1957. The petitioners are owners of forest areas in certain parts of the State of Kerala which, before the reorganisation of States, formed part of the State of Madras. The respondents to the petitions are: (1) the State of Kerala and (2) the District Collector, Palghat.

2. These petitioners are based on allegations, which are, more or less, similar, and the following allegations made in Writ Petition No. 42 of 1958 may be taken as typical and an extreme case, which was placed before us in detail to bring into bold relief the full significance and effect of the legislation impugned in these cases. The petitioner in Petition 42 of 1958 is a citizen of India, who owns forests in certain parts of Palghat Taluk in Palghat District, which was part of the State of Madras before the reorganisation of States. Thes























































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