VAREED Vs. STATE

JUDGEMENT

(1.)

(2.) THE Paliam is an ancient Nair Tarwad of the erstwhile cochin State. In the year 1095, the Cochin Nair Act, XIII/1095 was passed which, in chapters 6, 7 and 8, made provision for the management of the tarwad, the partition of properties, and for the constituting of tarwads impartible. In 1097 the Paliam Tarwad Act, VIII/1097 was passed, the preamble whereof is as follows: "whereas the Paliam Tarwad is the most ancient family in the State of Cochin, having its long family traditions of prestige and of usage conductive to its dignity and position, and whereas some of the provisions of the Cochin Nair Act, XIII of 1095 cannot be made applicable to the said Tarwad and its properties without affecting its position and the welfare of its tenants; it is hereby enacted as follows:". S. 3 of the Act saves the Tarwad from the operation of chapters 6, 7 and 8 of the Nair Act and S. 4 provides that: "the tarwad property shall be managed and administered in accordance with the Karar as modified by the provisions of this act. " That karar is an appendix to the Act. Paragraphs 2 and 3 of the karar read as follows: "2. THE Council shall consist of five members of whom the Valia Achan and Cheria Achan by virtue of their position and the Chief manager by virtue of his office shall be ordinary members, while the other two shall be nominated extraordinary members.

(3.) THE Government of Cochin in exercise of His Highness's royal prerogative have assumed the management of the estates of other families than the Paliam. THE Chazhur Kovilakam, Pallippurathu Mana, Padinjattiyedathu mana are instances and Proclamations 1/1114, XII/1118 and IV/1119 respectively relate to these families. All these Proclamations alike provided for the application of the procedure prescribed by the Revenue Recovery of rent and other dues.