CHERIA VASUDEVAN NAMBUDIRIPAD Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition challenges the validity of the jenmikaram Payment (Abolition) Act, 1960, on the ground that it violates Art. 14 & 19 (1) (f) of the Constitution. The questions for determination are whether such an attack is permissible in view of Art. 31a of the Constitution; and if permissible, whether the Act is as a matter of fact violative of the fundamental rights guaranteed by those two provisions of the Constitution.

(2.) CLAUSE (2) of Art. 13 of the Constitution provides that the State shall not make any law which takes away or abridges the fundamental rights conferred by the Constitution and that any law made in contravention of that clause shall, to the extent of the contravention be void. CLAUSE (1) of art. 31a of the Constitution says that notwithstanding anything contained in art. 13, no law providing for the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Art. 14, 19 and 31 of the constitution.

(3.) IN Kavalappara Kottarathil Kochunni and others v. The states of Madras and Kerala and others AIR. 1960 SC. 1080 -1960 KLT SC 31 the supreme Court said: "under the definition, any jenmom right in Kerala is an 'estate'. A jenmom right is the freehold interest in a property situated in kerala. Moor in his "malabar Law and Custom" describes it as a hereditary proprietorship. A jenmom interest may, therefore be described as 'proprietary interest of a landlord in lands'. "