S. T. SADIQ versus STATE OF KERALA& ORS.

S. T. SADIQ versus STATE OF KERALA& ORS.

Section 6 of the Kerala Cashew Factories (Acquisition) (Amendment) Act, 1995 is unconstitutional as it directly seeks to nullify final Supreme Court judgments and discriminates between 10 and 36 cashew factories, violating Article 14, since all 46 factories were similarly situated and equally treated by the State's common notices.

Parties
Appellant: S. T. Sadiq; Respondents: State of Kerala & Ors.
Jurisdiction
India
Judgment Date
04 February 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Legislative Power, Judicial Power, Constitutionality of Statutes, Equality Before Law, Acquisition of Property
Constitutional Law Administrative Law Legislative Power Judicial Power Constitutionality of Statutes Equality Before Law Acquisition of Property

Case Brief

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Parties

S. T. Sadiq

Appellant

State of Kerala & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Section 6 of the Kerala Cashew Factories (Acquisition) (Amendment) Act, 1995 is unconstitutional as it directly nullifies Supreme Court judgments
  2. 2 Whether Section 6 violates Article 14 by discriminating between similarly situated cashew factories

Ratio Decidendi

Section 6 of the Kerala Cashew Factories (Acquisition) (Amendment) Act, 1995 is unconstitutional as it directly seeks to nullify final Supreme Court judgments and discriminates between 10 and 36 cashew factories, violating Article 14, since all 46 factories were similarly situated and equally treated by the State's common notices.

Court Disposition

Appeal allowed

Orders

  • The judgment of the High Court is set aside.
  • The cashew factories and the land appurtenant thereto taken over by the State under the Amending Act must be handed back within eight weeks from the date of this judgment.