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1965 Supreme(Ker) 31

WANCHOO, K.SUBBA RAO, M.HIDAYATULLAH, SHAH, SIKRI
Joseph Pothen – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. This is a petition under Art.32 of the Constitution for issuing an appropriate writ to quash the order and notification dated October 3, 1963, issued by the respondent and to restrain it from interfering with the petitioner's right in the property comprised in survey Nos. 646 to 650 in Trivandrum City.

2. Kizhakke Kottaram (i.e., Eastern Palace), 2 acres and 57 cents in extent, comprised in survey Nos. 646 to 650 and consisting of land, trees, buildings, outhouses, the surrounding wall on all sides, gates and all appurtenants, in the city of Trivandrum originally belonged to His Highness the Maharaja of Travancore. Under a sale deed dated January 7,1959, the Maharaja sold the same to the petitioner. The petitioner's case is that the eastern wall now in dispute is a portion of the Palace wall and is situate in survey Nos. 646 to 650 and that since the purchase he has been in possession of the same. On October 3,1963, the Government of Kerala passed an order, G.O. (MS) No. 661/63/Edn., purporting to be under the provisions of the Travancore Ancient Monuments Preservation Regulation I of 1112/ M.E. (1936-37 A.D.). Under that order the Government considered the Fort walls

























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