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1978 Supreme(Ker) 205

T.KOCHU THOMMEN
VARKEY – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Judgment :-

1. This is a petition to quash Exts. P1, P3, and P4 as well as the award dated 30 81963 (which is not produced with the petition). The petitioner is the only son and legal representative of Ouseph who died on 7 31953. Proceedings were initiated for the acquisition of property which belonged to Ouseph. Notice under S.3 of the Land Acquisition Act had apparently been issued but there is no reference to that notice in the petition. It is not known when that notice was issued or to whom it was issued and by whom it was accepted. No question has been raised in the petition as regards the validity of that notice. The question raised is as to the subsequent proceedings. A notice issued under S.9 of the Land Acquisition Act and addressed to the deceased Ouseph was acknowledged by the petitioner's wife on 16 91962. Immediately thereafter i. e., on 19 91962, the petitioner filed a claim before the District Collector in terms of S.9. The claim petition was read out to me by the Government Pleader. It is stated by the petitioner in that petition that being the only son and legal representative of the deceased, he was entitled to the value of the land and the building thereon. He al









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