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1993 Supreme(Ker) 399

K.S.RADHAKRISHNAN, K.P.BALANARAYANA MARAR
Subramanian – Appellant
Versus
General Manager, Southern Railways – Respondent


Judgment :-

Balanarayana Marar, J.

At the instance of the Southern Railway, Government of Kerala acquired lands in Sy. Nos. 75,76/1 and 459/17 of Pallipad Village for laying an approach road from Haripad Railway Station to the National Highway. Notification under S.4 of the Land Acquisition Act, 1894 (for short, the act) was issued on 15-5-1985. Consequent to that notification possession of 3 cents of land in Sy. No. 76/1 owned and possessed by one Lalitha Bai and an area of 1 cent in Sy. No. 75 owned and possessed by one Kochunnunni were taken possession by the Government and handed over to the Southern Railway Possession of an area of 31.10 acres in Sy. No. 459/17 owned and possessed by the Travancore Devaswom Board was also taken. While the Railway was making preparations for laying the road, a suit was filed before Munsiff's Court, Haripad as O.S.275/1990 by a worshipper of Karimpalil Koyikkal Kottayam Bhagavathi Kshethram objecting to the laying of the road through.the temple property. The request for a temporary injunction to restrain the Railway from proceeding with the laying of the road ' was resisted by the Railway. No interim injunction was granted by the court.

2. Thereaf


































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