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1978 Supreme(Ker) 58

G.BALAGANGADHARAN NAIR, V.P.GOPALAN NAMBIYAR
STATE OF KERALA – Appellant
Versus
VIJAYAN – Respondent


Judgment :-

1. These appeals by the State and by the Cochin Devaswom Board (referred to as the Board) should be allowed and the judgment of the learned judge set aside. W. A. Nos. 199 and 201 of 1977 are by the State and by (he Board respectively, against the decision of a learned judge in O. P. No. 2392 of 1973; and W. A No 246 of 1977 is by the Board against the judgment of the same learned judge in O. P. No. 1025 of 1975. The writ petitions challenged the validity of Ext. P1 notification dated 17 111966 issued under S.25 of the Kerala Buildings (Lease and Rent Control) Act, 1965 exempting the buildings in Devaswom lands in East Pallithanam (Trichur), constructed by the Cochin Devaswom Board or out of its funds, from all the provisions of the said Act. Ext. P3 is a copy of the Memorandum by the inmates of the Devaswom buildings in East Pallithanam to the Minister for Revenue. This was supplemented by Exts. P5 and P7. The memorandum was rejected by Ext. P8 dated 22 51973. Against that a further revision Ext. P9 was filed which was rejected by Ext. P10. The writ petition was to quash Exts. P1, P8 and P10.

2.. S.25(1) of the Buildings (Lease and Rent Control) Act, reads:

"25. Exemptio

























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