A.M.S.S.V.M. & CO., RAMANATHAPURAM CHANK LESSEES, KILAKKARAI, RAMANATHAPURAM DISTRICT BY THEIR MANAGING PARTNER S.V.M. MOHAMED JAMALUDEEN Vs. THE STATE OF MADRAS, REPRESENTED BY THE COLLECTOR OF RAMANATHAPURAM AT MATHURAI AND ANR.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for issuing a 'writ of certiorari' or other appropriate writ to quash an order of the State of Madras dated 13 -3 -1951. The second respondent is the Rajah of Ramanathapuram, whose Zamindari was one of the estates permanently settled under Regulation 25 of 1802. On 1 -7 -1946 he granted a lease to the petitioners of the right to fish chanks in the Gulf of Mannar and Palks Bay opposite the coast of the Zamindari for a period of ten years on an annual rent of Rs. 14,000. The Legislature of the Province of Madras passed the Madras Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948), hereinafter referred to as the Act, abolishing the estates within the State of Madras and the Ramanathapuram Zamindari was notified in accordance with the provisions of that Act on 7 -9 -1949; and the result of that Notification was that under Section 3 of the Act the entire zamindari vested in the State of Madras.

(2.) THE Act is also incompetent as being legislation on interstate trade and commerce which is exclusively within the competence of the Union under Entry 42 of the Union List in Schedule 7 to the Constitution. 3. Even if the Act is a valid piece of legislation, the termination of the lease on 13 -3 -1951 is bad because three months' notice was not given as required by Section 20 of the Act.

(3.) WITH this survey of the history and nature of the chank fisheries off the coast of Ramanathapuram, we may proceed to examine the contentions urged on behalf of the petitioners and the second respondent.