RAMA VARMA BHARATHAN THAMPURAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioner is a member of the Cochin Royal Family. He challenges the validity of the provisions of the Kerala Ordinance No. 1 of 1978 replaced by Kerala Act 15 of 1978 and prays to prevent respondents 2 to 7, the members of the Palace Board, from functioning in pursuance of the Act.

(2.) The Maharaja of Cochin was the Ruler of one of the princely States of this country when it was under the British rule. After the attainment of independence on the 15th of August, 1947, and as preliminary to the formation of the Republic of India on the 26th of January, 1950, many of the princely States were integrated. The Travancore and the Cochin States were integrated into the Travancore-Cochin State, by a covenant dated 29-5-1949, a copy of which has been exhibited as Ext. R1. His Highness the Maharaja of Travancore and His Highness the Maharaja of Cochin were signatories to the covenant and the Government of India concurred in it and guaranteed all its provisions. In confirmation of the same, the Adviser to the Government of India in the Ministry of States also appended his signature to the covenant. The Travancore- Cochin State itself was formed on 1-7-1949. Before that date, the Maharaja of Cochin issued a proclamation dated 29-6-1949, (1124 M. E.) a copy of which is Ext. R2. That was meant to provide for the administration, management and conservation of the properties of the Valiamma Thampuran Kovilakam Estate and the Palace Fund (referred for short as the V. T. K. Estate and the Palace Fund). Clause 2 (a) of the Proclamation is the definition clause. 'Board' was defined to mean the Board of Trustees appointed under the Proclamation; 'Estate' as the V. T. K. Estate and all the properties belonging to the said Estate; and 'Palace Fund' as the Special Palace Fund then in existence and payments made from time to time by the Government towards the maintenance of the junior members of the Cochin Royal family and shall include other properties earned out of such fund and any property owned in common by the Royal family except the Palliyara Muthalpidy Estate. Under Clause (3) the Estate and the Palace Fund are to vest in the Palace Administration Board. Under Clause (4) the Board is to consist of five trustees to be nominated by the Maharaja from among the male members of his family so as to secure representation for each of the main tavazhies of the family. One of the Trustees shall be the President of the Board. Under Clause 17, no decision of the Board is to have effect unless it was approved by the Maharaja. Under Clause 7, any vacancy in the Board of Trustees is to be filled up by the Maharaja. Under Clause 12 bye-laws can be made by the Board with the previous sanction of the Maharaja. Under Clause 21 (2) the Board shall not sell or encumber the properties of the Estate except with the written consent of the Maharaja and of the Valiamma Thampuran in the case of the Estate, and the written consent of the Maharaja in the case of the Palace Fund. Under Clause 22, the Estate and the Palace Fund shall be impartible and the Management shall be carried on in accordance with the provisions of the Proclamation.

(3.) The rapid developments and transformations that took place since then, which we shall proceed to survey, made it necessary to replace, and practically to supplant, the provisions of this Proclamation. The V. T. K. Estate and the Palace Fund (Partition) Act, 1961 (Act 16 of 1961) received the assent of the President and was published in Kerala Gazette Extraordinary No. 54 dated 185-1961. The object of the Act was to abolish the impartibility of the V. T. K. Estate and Palace Fund, proclaimed by Clause 22 of the 1124 proclamation. This was done by Section 3 of the Act which enacted: