what was the fact of the case MALANKARA RUBBER AND PRODUCE CO., & ORS. .ETC. Vs STATE OF KERALA & ORS. ETC.
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Answer:
ORIGINAL JURISDICTION : Writ Petitions Nos. 117, 132 to 134, 149, 167, 168, 209 and 516 of 1970.
Under article 32 of the Constitution of India for enforcement of the Fundamental Rights.
M. C. Chagla, Joy Joseph, B. Datta, J. B. Dadachanji, O. C. Mafhur and Ravinder Narain, for the petitioner (in W.P. No. 117 of 1970).
K. T. Hzrindranath, B. Datta, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the petitioner (in W.Ps. Nos. 132 and 133 of 1970).
M. C. Setalvad K. T. Harindranath, K. R. Nambiar, B. Datta, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the petitioner (in W.P. No. 134 of 1970). M. Natesan, Fazee Mahmood, P. C. Chindi, A. T. M. Sampath and E. C. Agrawala, for the petitioner (in W.P. No. 149 of 1970).
M. C. Chagla, B. Datta, J. B. Dadachanji. O. C Mathur and Ravinder Narain, for the petitioners (in W.P. No. 167 of 1970).
J. B. Dadachanji, O. C. Mathur and Ravinder Narain and S. Swarup, for the petitioner (in W.P. No. 168 of 1970). A. V. V. Nair, for the petitioner (in W.P. N,). 516 of 1970).
K. T. Harindranath and A. Sreedharan Nambiar, for the petitioner (in W.P. No. 516 of 1970).
M. M. Abdul ,Khader, Advocate, General for the, State of Kerala, M. M. K. Nair and Varghese Kaliath, for-the, respondent (State of Kerala) (in all the Petitions) B. Sen and R. N. Sachthev, for respondent no.2 (in w.p. no 117 of 1970).
R. N. Sachthey, for respondent No. 2 (in W.Ps. Nos. 132 to 134 and 149 of 1970).
K. N. Bhat and K. L. Hathi, for respondents Nos, 3 to 6 (in W.P. No. 133 of 1970).
The Judgment of the Court was delivered by Mitter, J.-This is a group of nine writ petitions challenging the vires of the Kerala Land Refroms Act, 1963 (Act 1 of 1964) as amended by the Kerala Land Reforms (Amendment) Act, 1969 (Act 35 of 1969) with the object of preventing the, State, from acquiring lands in the possession of the petitioners in excess of the ceilings imposed thereunder.
The details of the holdings of the petitioners are briefly as follows :-
Writ Petition No. 117/1970 Petitioner company owns a block of land AC. 2313-00 in extent out of which AC. 1818-00 were planted with rubber trees, AC. 30-00 with pepper, AC. 5-50 with arecanut, AC. 260-00 under cocoanut, AC. 12-50 under paddy, AC. 25-00 under nutmeg and fruit trees, the rest being jungle and waste.
Writ Petition No. 132/70 Petitioner, a, citizen, owns land in Kesargod taluk consisting of AC. 21-00 under cocoanut, AC. 6-00 paddy land and AC. 34-00 dry land. He also leased out AC. 91-00 of land to tenants. He owns jointly with his brother an arecanut garden of AC. 5-50, cocoanut plantation of AC. 49- 00 and cashew plantation of AC. 25-00.
Writ Petition No. 133/1970 Petitioner owned lands in Kasargod taluk AC. 9-94 in extent which has been usufructuarily mortgaged for a long time.
Writ Petition No. 134/1970 Petitioner is a ryotwari pattadar holding pepper garden AC. 30-00, arecanut AC. 45-00, rubber estate AC. 445-00 cashew plantation AC. 25-00, cocoanut garden AC. 44-00 and paddy lands of AC. 2-00, all under personal cultivation. He has also leased out AC. 673-00 of dry land to tenants. Besides the above he cultivates as lessee AC. 56-00 of pepper garden and owns with his brother Ac. 22-00 of pepper garden and arecanut garden etc. He also owns with other members of his family Ac. 19--00 of land set apart and used as dairy farm.
Writ Petition No. 137/1970 Petitioner is a matadhipati in Kasargod taluk : extent of lands Ac. 348-00 of paddy, Ac. 114-00, of garden land under coconut and arecanut, Ac. 69-00 leased' out to tenants and Ac. 219-00 of dry land bearing cashew etc. are also leased out.
Writ Petition No. 149/1970 The two petitioners owned Ac. 95-00 of land in District of Trichur. They also owned Ac. 58-00 in village Azhikode and Ac. 154-00 in village Kadappuram and all the lands are used for coconut plantation. It is stated in paragraph 2 of the petition that the petitioners have employed a large number of kudikiddappukarans either as watchmen or workers to look after the lands.
Writ Petition No. 167/1970 Petitioner is a Private Limited Company and petitioner No. 2 is a director and shareholder. Petitioner owns rubber plantations of Ac. 22-00, cashew Ac. 65-00, pepper Ac. 16- 00, arecanut Ac. 58-00, cocoanut Ac. 13-00, paddy land Ac. 5-50, cardamom Ac. 305-00. cocoanut Ac. 5-50, teak Ac. 36--00, eucalyptus Ac. 530-00.
Writ Petition No. 168,/1970 Petitioner owns Ac. 3888-00 of which Ac. 3000-00 are private forest and Ac. 400-00 under rubber. There are also cocoanut gardens, arecanut gardens, teak and eucalyptus plantations.
Writ Petition No. 207/1970 Petitioner owns lands in Kasargod taluk in excess of the ceiling area.
Explanation:
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