A. P. KRISHNASAMI NAIDU ETC. versus STATE OF MADRAS

A. P. KRISHNASAMI NAIDU ETC. versus STATE OF MADRAS

Sections 5(1) and 50 read with Schedule III of the Madras Land Reforms Act create discrimination between persons equally situated and violate Article 14 of the Constitution. Since these sections are pivotal, the whole Act must be struck down as unconstitutional.

Parties
Petitioner: A. P. Krishnasami Naidu etc.; Respondent: State of Madras
Jurisdiction
India
Judgment Date
09 March 1964
Procedural Posture
Writ Petition / Final Decision
Outcome
Petitions allowed; Act struck down as unconstitutional.
Legal Topics
Land Ceiling, Discrimination, Compensation, Fundamental Rights
Constitutional Law Property Law Land Ceiling Discrimination Compensation Fundamental Rights

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Parties

A. P. Krishnasami Naidu etc.

Petitioner

State of Madras

Respondent

Procedural Posture

Writ Petition / Final Decision

Legal Issues

  1. 1 Whether section 5(1) of the Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 violates Article 14 of the Constitution by discriminatory treatment.
  2. 2 Whether the compensation provisions under s. 50 read with Sch. III of the Act violate Article 14.

Ratio Decidendi

Sections 5(1) and 50 read with Schedule III of the Madras Land Reforms Act create discrimination between persons equally situated and violate Article 14 of the Constitution. Since these sections are pivotal, the whole Act must be struck down as unconstitutional.

Court Disposition

Petitions allowed; Act struck down as unconstitutional.

Orders

  • Petitioners will get their costs from the State of Madras (one set of hearing fee).