ESSA ISMAIL ALIAS BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE writ appeals are directed against the dismissal of O. P. Nos. 2378 and 2379 of 1963. Writ Appeal No. 57 is from the decision in O. P. No. 2379 of 1963 and Writ Appeal No. 60 is from the decision in O. P. No. 2378 of 1963. The common judgment for both the petitions reads as follows:

(2.) EVERY difference in treatment is not an act of discrimination. It is not the lack of uniformity but the absence of an intelligible differentia that offends the article and abrogates the statute.

(3.) THE insertion of the Kerala Land Tax Act, 1961, in the Ninth Schedule placed it beyond the pale of the fundamental rights embodied in Part -Ill of the Constitution. This is evident from Art. 31 B which occurs in that part of the Constitution: