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1990 Supreme(Ker) 250

RADHAKRISHNA MENON
Savithry Amma – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The relief's sought for in the O.P. read:-"...This Honorable Court be pleased to issue:

(a) Writ of certiorari and quash Ext.PS order passed by the 3rd respondent, after calling for the records leading to it;

(b) Writ of mandamus commanding the 3rd respondent to entertain Ext.P4 application and refer the matter to the Sub Court, Ernakulam under S.28A(3) of the Act;

(c) An order of stay of the operation of Ext.PS order, pending disposal of the O.P.; And

(d) Such order or direction as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case".

2. Ext.P1 shows that the civil court has enhanced the compensation, awarded in favour of Devaky Amma and Balakrishnan Panicker for acquiring their lands, which were notified for acquisition (vide the Notification under S.4, sub-section 1 of The Land Acquisition Act, for short, The Act) along with the land belonging to the petitioner. Having come to know of Ext.P1 judgment, the petitioner preferred an application under S.28A of the Act before the Collector, which stands rejected by Ext.PS order. The operative portion of Ext.P3 order reads: -

"I have perused the records and the enquiry report. The contentio














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