Supreme Court of India · 1960-05-04
KAVALAPPARA KOTTARATHIL KOCHUNI AND OTHERS vs THE STATE OF MADRAS AND OTHERS
- Citation / case number
- SC 1955/10
- Court
- Supreme Court of India
- Petitioner
- KAVALAPPARA KOTTARATHIL KOCHUNI AND OTHERS
- Respondent
- THE STATE OF MADRAS AND OTHERS
- Author
- SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,SUBBARAO, K.,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,SUBBARAO, K.,SHAH, J.C.
Judgment text excerpt
The Supreme Court examined the constitutional validity of the Madras Marumakkathayam (Removal of Doubts) Act, 1955, which aimed to redefine the ownership of sthanam properties. The Court held that the provisions of the Act, particularly Section 2, violated Articles 19(1)(f) and 31 of the Constitution by unjustly depriving the sthanam of its properties and transferring them to the tarwad. The Act was deemed extraneous to the principles of Marumakkathayam Law and could not be justified under Article 19(5).