The acquisition for a temple is considered a public purpose, and the question of public purpose is not justiciable.

1. The prayer in this writ application is

"to issue a writ of certiorari or such other appropriate writ, order or direction to the respondents in order to call up the records and proceedings of Ext. P-1 notification issued by the 1st respondent, Ext. P-2 and P-6 notice issued by the 2nd respondent to scrutinise the same and quash the entire land acquisition proceedings taken against the petitioner's property, 42 cents in Sy. No. 1325/8 of Maradu Village, Kanayannur Taluk, Ernakulam District."

2. The first respondent to this writ application is the State of Kerala. The second respondent is the Revenue Divisional Officer, Fort Cochin and the additional third respondent is the General Secretary, Nettur Dharmaprasobhini Sabha. Ext. P-1 notification was issued under S.3(1) of the Land Acquisition Act, II of 1070 which was applicable to the Cochin area. It is unnecessary to read S.3(1). It is very similar to S.3 of the Kerala Land Acquisition Act, 1961. Ext. P-1 notification stated:

"Whereas it appears to the Government of Kerala that the land specified below is likely to be needed for a public purpose to wit. for the Neltur Dharmaprasobhini Sabha for a temple compound notice to that effect is hereby given to all whom it may concern in accordance with the provisions of S.3(1) of the Cochin Land Acquisition Act, II of 1070. The Government hereby authorise the Revenue Divisional Officer, Fort Cochin, his staff and workmen to exercise the powers conferred by S.3(2) of the said Act."

3. It is alleged in the counter affidavit that no objections were raised to the above notification within the time prescribed by S.4 of Act II of 1070. Therefore a declaration was made under S.6 on 21st January, 1964. Thereafter a notice Ext. P-6 was issued under S.9(3) of the Kerala Land Acquisition Act, 1961. It may be mentioned here that the Kerala Land Acquisition Act came into force on 141963 replacing Act II of 1070 and this was before the declaration Was made. The declaration was made under S.6 of the Kerala Land Acquisition Act, 1961.

4. (i) Counsel on behalf of the petitioner has contended that the acquisition for a temple is not an acquisition for a public purpose as envisaged by Art.31(2) of the Constitution and not within the meaning of that term in S.3 of the Land Acquisition Act, 1961.

(ii) It is also urged that since the entire amount for the acquisition is to be paid by the third respondent, the acquisition cannot be said to be for a public purpose. The contention is that in order that the acquisition may be for a public purpose at least a part of the amount must be from public revenues or some fund controlled or managed by a local authority.

(iii) Alternatively it is urged that since it is mentioned in Ext. P-1 "for the Nettur Dharmaprasobhini Sabha" which is a registered society it may be taken that the acquisition is for a company. This, it is admitted, is possible under the Land Acquisition Act, 1961. But it is urged that in order that the acquisition may be made for a company, the procedure provided in Part VII of the Land Acquisition Act must be followed and there must be a written agreement executed before any enquiry under S.5 is undertaken and further any acquisition under that part can be only for one of the purposes mentioned in S.43(1) thus:

"43. (1) Previous enquiry (1) Such consent shall not be given unless the Government be satisfied, either on the report of the Collector under sub-section (2) of S.5 or by an enquiry held as hereinafter provided,

(a) that the purpose of the acquisition is to obtain land for the erection of the dwelling-houses for workmen employed by the company or for the provision of amenities directly connected therewith, or

(b) that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public, or

(c) that such acquisition is needed for a purpose calculated to promote and develop agriculture, industry or co-operation."

and the purpose here is not on