K P KOCHANUJAN THIRUMULPAD Vs. STATE OF KERALA

JUDGEMENT

(1.) We are in the happy position of having to decide this writ petition, after hearing very able arguments by the advocates of both the parties; and we wish to include, in acknowledging the assistance, the junior lawyers of both the parties as well, who have been assisting the seniors in the case.

(2.) The events, that have led to the powers of this Court being invoked by the writ petition, can be shortly narrated. The petitioner claims to be a landlord at Ernakulam and entitled to the usufructs of the lands owned by his family. He complains that the provisions of the Kerala Agrarian Relations Bill, 1957, relating to scaling down of rent, slab rate regarding compensation, ceiling, and automatic deprivation of ownership on an appointed date, amount to inroads on his rights of property. He further claims the provisions to be expropriatory, discriminatory, opposed to the petitioners fundamental rights, and create a new type of landlordism of the tenant. It is common ground that the aforesaid Bill had, on June 10, 1959, been passed by the then Legislative Assembly of this State; and a copy of the Bill, signed by the Speaker of the Assembly, was presented to the Governor, who, under Art.200, reserved the Bill for the consideration of the President of the Republic. That Article provides that when a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor, and the Governor shall declare either that he assents to the Bill, or that he with-holds assent therefrom, or that he reserves the Bill for the consideration of the President. Before the direction under Art.201 had been issued, the Legislative Assembly was dissolved on July 31, 1959.

(3.) At this stage, it would be of advantage to state what is the Presidents authority under Art.201, that reads as follows:-