B RADHAKRISHNAN Vs. STATE OF MADRAS

JUDGEMENT

(1.) By a treaty concluded in 1814 between England and France all the possessions in India which had belonged to the French on 1-1-1792 were to be restored to them. The French also bound themselves not to erect any fortifications in India and to keep in their establishments only such troops as were "necessary for the maintenance of the police". In pursuance of this treaty the territories in question were actually handed over to the French in December 1816 (vide page 418 of Vol. 1 of the South Arcot Dt. Gazetteer).

(2.) The territories that were so handed over to the French included what we formerly used to call the French Settlements of Pondicherry. These settlements do not constitute a compact block but include a number of enclaves inside the district of South Arcot. It is impossible to enter some of these enclaves or emerge from them without crossing Indian territory. For instance a person who wants to go from Pondicherry Town to Canniacoil, both in Pondicherry territory, has to cross a bit of land, little less than two miles, wide, running past the village of Rettichavadi. to go from Villenour to Madagadipet both in Pondicherry territory, one has to cross Indian territory in two places. Before one can go from Pondicherry to Tircanour, Indian territory has to be crossed in about three places. There are several other similar instances. Likewise there are bits of Indian territory which cannot be ordinarily reached except by passing through Pondicherry territory. Before one can reach Rettichavadi from Cuddalore it is necessary to go through Canniacoil which is included in Pondicherry territory. There are a number of villages which form part of the territory of India which lie west of Ariancoupam village and south of Ariancoupam river which are wholly encircled by Pondicherry territory. It is common knowledge in the locality that there are numerous ryots who live in Pondicherry territory but who own agricultural lands in Indian territory and vice versa. For 130 years and more the residents of the enclaves attached to Pondicherry have been passing and repassing over Indian territory without let or hindrance. Similarly residents of what I may call Indian enclaves have been passing and repassing over Pondicherry territory. And this observation applies not merely to men and animals but also to vehicles of every description. No passports or visas were ever required. The only restrictions imposed on free travel across the enclaves were those created by the obligation to pay tolls, octroi duties, custom levies and licence fees when a vehicle was kept and not merely taken through in India or Pondicherry as the case may have been.

(3.) Sometime before 10-12-1941 the Government of Madras suggested to the Governor of the French Establishments in India that a reciprocal arrangement be entered into by which vehicles registered in Pondicherry would be exempt from the payment of tax under the Madras Motor Vehicles Act for the use of specified short stretches of territory in India, and, motor vehicles registered in Madras using certain stretches of French territory would be similarly exempted from the levy of French tax and tolls. The suggestion of the Madras Government was accepted and on 10-12-1941, the Government of Madras issued a notification specifying the routes covered by the agreement.