SUKAPURAM SABHAYOGAM Vs. STATE OF KERALA
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) IN this writ petition, on behalf of the petitioner, his learned counsel, Mr. K. V. Surianara-yana Iyer, seeks a declaration that the Kerala Ag-rarian 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 Maiabar area, which once formed part of the State of Madras, and is now part of the Kerala State, after the States' Reorganisation in 1950.
(2.) THE petitioner also prays for the issue of a writ of certiorari to quash the notification, G. O. (P) No. 147 dated 15-2-1961 issued by tho first respondent, the state, appointing the 15th clay 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 verupattom 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.;
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