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march 1966

Supreme Court of India · 1966-03-02

KULATHIL MAMMU vs THE STATE OF KERALA

Citation / case number
SC 1965/20
Court
Supreme Court of India
Petitioner
KULATHIL MAMMU
Respondent
THE STATE OF KERALA
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court interpreted the term 'migrated' in Article 7 of the Constitution of India, holding that it encompasses a broader meaning than merely moving with the intention of permanent residence. The Court overruled the precedent set in Smt. Shanno Devi v. Mangal Sain, A.I.R. 1961 S.C. 58, asserting that migration does not include involuntary movement or temporary stays. The Court concluded that the appellant, having moved to Pakistan at a young age and returned without valid documents, was correctly classified as a foreigner under Article 7.

KULATHIL MAMMU vs THE STATE OF KERALA · Niyam