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march 1959

Supreme Court of India · 1959-03-04

KAVALAPPARA KOTTARATHIL KOCHUNNIMOOPIL NAYAR vs THE STATE OF MADRAS AND OTHERS(and connected petition)

Citation / case number
SC 1955/47
Court
Supreme Court of India
Petitioner
KAVALAPPARA KOTTARATHIL KOCHUNNIMOOPIL NAYAR
Respondent
THE STATE OF MADRAS AND OTHERS(and connected petition)
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court addressed the constitutionality of the Madras Marumakkathayani (Removal of Doubts) Act, 1955, which declared certain sthanam properties as tarward properties. The Court held that the petitioners, claiming rights under Article 32 of the Constitution, were entitled to challenge the Act, despite objections regarding maintainability based on alternative remedies. The Court ruled that the Act was unconstitutional as it violated the fundamental rights of the petitioners under Article 19(1)(f) and Article 31(1).

KAVALAPPARA KOTTARATHIL KOCHUNNIMOOPIL NAYAR vs THE STATE OF MADRAS AND OTHERS(and connected petition) · Niyam