1960 (5) TMI 26 - SC - Indian Laws

Constitutional validity of the Madras Marumakkathayam (Removal of Doubts) Act, 1955, (Madras Act 32 of 1955) questioned Held that - We declare that Madras Act 32 of 1955 is void and ultra vires the Constitution and issue a writ of mandamus restraining the State of Kerala from enforcing the provisions of the said Act against the petitioner and his sthanams. In the result, Petition No. 443 of 1955 is allowed with costs; Petition No. 40 of 1956 is allowed, but in the circumstances, without costs ; and Petition No. 41 of 1956 is dismissed, but in the circumstances, without costs.

Issues Involved:
1. Constitutional validity of the Madras Marumakkathayam (Removal of Doubts) Act, 1955.
2. Whether the Act violates Article 14 of the Constitution.
3. Whether the Act violates Article 19(1)(f) of the Constitution.
4. Whether the Act violates Article 31(1) of the Constitution.
5. Whether the Act is saved by Article 31A of the Constitution.
6. Whether the Act constitutes an exercise of judicial power by the legislature.

Detailed Analysis:

1. Constitutional Validity of the Madras Marumakkathayam (Removal of Doubts) Act, 1955:
The petitions challenge the constitutional validity of the Madras Marumakkathayam (Removal of Doubts) Act, 1955, which declares certain sthanams to be Marumakkathayam tarwads and their properties to be tarwad properties. The Act was enacted to resolve doubts about the true legal character of certain properties erroneously claimed to be sthanam properties.

2. Violation of Article 14:
The petitioner argued that the Act is discriminatory as it applies only to specific sthanams and not to others, thereby violating Article 14. The Court did not find merit in this argument as it was not substantiated by sufficient facts.

3. Violation of Article 19(1)(f):
The petitioner contended that the Act deprives him of his fundamental right to hold and dispose of property, violating Article 19(1)(f). The Court examined whether the Act imposed reasonable restrictions in the interests of the general public as per Article 19(5). The Court found that the Act arbitrarily deprived the petitioner of his property without any reasonable relation to the object sought to be achieved, thus violating Article 19(1)(f).

4. Violation of Article 31(1):
The petitioner argued that the Act deprives him of his property without authority of law, violating Article 31(1). The Court held that any law depriving a person of his property must comply with the provisions of Article 19(5) and found that the Act did not meet this requirement.

5. Saved by Article 31A:
The respondents contended that the Act is protected by Article 31A, which allows laws for the acquisition, extinguishment, or modification of rights in estates to be valid notwithstanding any inconsistency with Articles 14, 19, and 31. The Court examined whether the sthanam properties were held in janmam rights, which are considered estates under Article 31A. The Court found that the Act did not effectuate any agrarian reform and was not concerned with land tenure, thus not being protected by Article 31A.

6. Exercise of Judicial Power by the Legislature:
The petitioner argued that the Act constituted an exercise of judicial power by the legislature, which it does not possess. The Court held that the legislature has the power to enact laws with retrospective effect and to set aside judicial decisions, provided it does not adjudicate disputes between parties. The Act was found to be a legislative act and not a judicial one.

Conclusion:
The Supreme Court declared the Madras Marumakkathayam (Removal of Doubts) Act, 1955, to be void and ultra vires the Constitution. The Court issued a writ of mandamus restraining the State of Kerala from enforcing the provisions of the Act against the petitioner and his sthanams. Petition No. 443 of 1955 was allowed with costs, Petition No. 40 of 1956 was allowed without costs, and Petition No. 41 of 1956 was dismissed without costs.

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