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1973 Supreme(Ker) 182

V.P.GOPALAN NAMBIYAR, G.VISWANATHA.IYER
KATHIR PAREED – Appellant
Versus
SPECIAL DEPUTY COLLECTOR – Respondent


Judgment :-

1. A reference application made to the Subordinate Judge's Court, Parur under S.20 of the Kerala Land Acquisition Act, 1961, (Act 21 of 1962) was dismissed by Ext. P7 order on the ground that the plaintiffs-claimants had not made any specific claim before the Land Acquisition Officer; and therefore their claim was rejected under S.27(2) of the Act. This writ petition is to quash the said order.

2. This was referred to a Division Bench by our learned brother Isaac, J. as he felt a doubt about the correctness of an earlier ruling of our learned brother Eradi J. in O. P. No. 779 of 1967 in which the learned judge set aside a similar judgment of the civil court. Isaac J. felt that the obvious remedy of the petitioner against the impugned judgment is to file an appeal therefrom. He felt some difficulty in following the judgment of our learned brother Eradi J, and therefore, made this reference to a Division Bench.

3. No appeal will lie against the order under the provisions of the Land Acquisition Act. S.60 provides that appeals shall lie from the award or from any part of the award of the Court, as if the award or part of the award is a decree passed by a civil court under th






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