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1993 Supreme(Ker) 396

K.NARAYANA KURUP
Jayakaran – Appellant
Versus
Kerala Health R. & W. Society – Respondent


Judgment :-

In this Original Petition the petitioner prays for the issuance of a writ of certiorari or any other appropriate writ, order or direction quashing Ext. P2 G.O.(MS)No. 27/84, PW dated 17-3-1984, a notification issued by the second respondent State of Kerala in exercise of the powers conferred on it by sub-section (1) of S.25 of the Kerala Buildings (Lease & rent) Control Act, 1965 (2 of 1965) (hereinafter referred to as 'the act) exempting in public interest the buildings owned by the first respondent. The main grounds of attack against Ext. P2 is that it is vitiated by errors apparent on the face of the record and violation of the principles of natural justice.

2. Having heard learned counsel for the petitioner and learned counsel appearing for the respondents, I am of the view that the petitioner is not entitled to succeed in this Original petition. Learned counsel appearing for the first respondent brought to my notice the decision of the Supreme Court reported in K. Kandaswarni Chettiar v. State of I .N. (AIR 1985 SC 257) and a host of other decisions including the decisions of this court reported in Shylaja Manoharlal v. State of Kerala (1987(2) KLT 515), Jacob Kurie







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