LAWS(MAD)-2019-9-6

S KUMARVELU Vs. UNION OF INDIA

Decided On September 06, 2019
S Kumarvelu Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner claims to be a Social Worker involved in social activities on several times and came forward to file this Writ Petition styled as a Public Interest Litigation alleging among other things that the "Prince of Arcot" claims himself to be a descendant of second Caliph Umar Ibn AI Khattab (from West Asia) about the Nawabadam of Arcot, which was established by Mughal Emperor Aurangzeb in 1692 and after the demise of 13th Nawab Gulam Muhammed Ghouse Khan in the year 1855 without any issues, the British East India Company annexed the Nawabdom by applying "The Doctrine of Lapse" in the year 1855.

(2.) It is further stated by the petitioner that the Nawab of Arcot all along supported the British Regime and therefore, the British Government headed by Queen Victoria bestowed upon Azim Jah - one of the descendants of the 13th Nawab as political pensioner and also conferred a title "His Highness The Prince of Arcot" in the year 1867 with several honours, privileges and stipends attached to the said title in perpetuity from 1911 and a Government Order to that effect has also been passed.

(3.) The petitioner also made a complaint even after independence in the year 1947 and the title "Prince of Arcot" continued to be maintained in perpetuity and despite abolition of privy purse as well as recognition granted under Article 363A of the Constitution of India, the tile and privileges conferred by the then British Government continues. It is also pointed out by the petitioner that the residence of the Nawab of Arcot is continued to be maintained by the Central Public Works Department, wherein lakhs and lakhs of public money is being spent and in this regard, has also submitted a representation to the 17.11.2016 to the first respondent, followed by yet another representation dated 27.07.2018 for withdrawal of title and privileges given to the Nawab of Arcot and in the absence of any response, came forward to file this Writ Petition as a Public Interest Litigation.