out of the lands owned by the petitioner nearly 900 acres are classified in the land records maintained by the state as pandaravaka holdings while the remaining lands are classified as puravaka holdings.
these lands were originally situated within the erstwhile state of companyhin which number forms part of the kerala state.
c. setalvad attorney general of india k. mathew advocate general for the state of kerala sardar bahadur george pudissary and v. a. seyid muhammad for the respondent.
it then received the assent of the president on january 21 1961 and after it thus became law the impugned numberification was issued by the respondent on february 15 1961.
356 and the assembly was dissolved.
v. viswanatha sastri m. k. b. namburdripat and m. r. k. pillai for the petitioner.
200 of the constitution.
gajendragadkar a. k. sarkar k. n. wanchoo and k. das gupta jj.
on march 9 1961 the present writ petition was filed.
the petitioner challenges the validity of the act on the preliminary ground that the bill which was pending before the president for his assent at the time when the legislative assembly was dissolved lapsed in companysequence of the said dissolution and so it was number companypetent to the president to give his assent to a lapsed bill with the result that the said assent and all proceedings taken subsequent to it are companystitutionally invalid.
it appears that a numberification has been issued by the respondent on february 15 1961 directing the implementation of ss.
32 of the companystitution and it seeks to challenge the validity of the kerala agrarian relations act 1960 act 4 of 1961 hereafter called the act .
gajendragadkar j. this petition has been filed under art.
meanwhile on july 31 1959 the president issued a proclamation under art.
december 5.
original jurisdiction petition number 105 of 1961.
that in brief is the nature of the reliefs claimed by the petitioner.
32 of the companystitution of india for the enforcement of fundamental rights.
the kerala agrarian relations bill which has ultimately become the act was published in the government gazette of kerala on december 18 1957 and was introduced in the kerala legislative assembly on december 21 1957 by the companymunist government which was then in power.
on july 271960 the president for whose assent the bill was pending sent it back with his message requesting the legislative assembly to reconsider the bill in the light of the specific amendments suggested by him.
broadly stated three points fall to be considered in this petition.
the bill was discussed in the assembly and was ultimately passed by it on june 10 1959.
on september 26 1960 the amendments suggested by the president were taken up for companysideration by the assembly and ultimately on october 15 1960 the bill as amended in the light of the presidents recommendations was passed by the assembly.
on august 2 1960 the governumber returned the bill remitted by the president with his message and the amendments suggested by him to the new assembly for companysideration.
petition under art.
1 to 40 57586074 to 79 as well as ss.
81 to 95 of the act from the date of the numberification.
in february 1960 mid term general elections took place in kerala and as a result a companylition government came into power.
the judgment of p.b.
the petitioner owns about 1 250 acres of land in the kerala state.
it was then reserved by the governumber of the state for the assent of the president under art.
was delivered by gajendragadkar j n. rajagopala ayyangar j. delivered a separate judgment.
by his petition the petitioner claims a declaration that the act is ultra vires and unconstitutional and prays for a writ of certiorari or other appropriate writ order or direction against the respondent the state of kerala restraining it from implementing the provisions of the act.
