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1965 Supreme(Ker) 321

P.GOVINDA NAIR
Varkey Devassy – Appellant
Versus
State of Kerala – Respondent


Judgment :-

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



























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