A. P. KRISHNASAMI NAIDU ETC. vs STATE OF MADRAS(With connected Petitions). Supreme Court, 09-03-1964
| Judge | GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M. |
| Parties | A. P. KRISHNASAMI NAIDU ETC.STATE OF MADRAS(With connected Petitions) |
| Date | 09 March 1964 |
| Docket Number | Writ Petition (Civil) 1 of 1963 |
| Court | Supreme Court (India) |
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PETITIONER:
A. P. KRISHNASAMI NAIDU ETC.
Vs.
RESPONDENT:
STATE OF MADRAS(With connected Petitions)
DATE OF JUDGMENT:
09/03/1964
BENCH:
WANCHOO, K.N.
BENCH:
WANCHOO, K.N.
GAJENDRAGADKAR, P.B. (CJ)
SHAH, J.C.
AYYANGAR, N. RAJAGOPALA
SIKRI, S.M.
CITATION:
1964 AIR 1515 1964 SCR (7) 82
CITATOR INFO :
RF 1965 SC 845 (13)
RF 1967 SC1643 (227,259)
RF 1972 SC 425 (5,8)
RF 1980 SC1789 (36)
RF 1980 SC2097 (10)
RF 1981 SC 234 (31)
ACT:
Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961
(Mad. 58 of 1961) ss. 5(1), 50-Provisions for land ceiling
and compensation-If violative of Art. 14-Constitution of
India, Arts. 14, 19, 31(2).
HEADNOTE:
The constitutionality of the Madras Land Reforms (Fixation
of Ceiling on Land) Act, 1961 was attacked on the ground
that it violated Arts. 14, 19, 31(2) of the Constitution.
Held (i) The provisions of s. 5(1) of the Act result in
discrimination between persons equally circumstanced and are
thus violative of Art. 14 of the Constitution. As this
section is the basis of Chapter II of the Act, the whole
chapter must fall along with it.
The ratio of Karimbil Kunhikoman v. State of Kerala [1962]
Supp. 1 S.C.R. 829 applies with full force to the present
case.
(ii)The provisions in s. 50 read with Sch. III of the Act
with respect to compensation are discriminatory and violate
Art. 14 of the Constitution.
Karimbil Kunhikoman v. State of Kerala [1962] Supp. S.C.R.
829, followed.
(iii)Ss. 5 and 50 are the pivotal pro-visions of the Act,
and as they fall, the whole Act must be struck down as
unconstitutional.
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petitions 1, 7, 8, 10, 53 and 76
of 1963.
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