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1963 Supreme(Ker) 197

P.GOVINDA NAIR
Seshagiri Maller – Appellant
Versus
Special Tahsildar For Land Acquisition – Respondent


Judgment :-

1. The short question arising for decision in these oases is whether the two notifications, Exts. P-1 and P-2 in each of these writ applications, are liable to be quashed as Hot being in conformity with S.17(4) of the Land Acquisition Act, 1894. Before I refer to this section, it is necessary to state a few facts and extract the relevant parts of these notifications. Ext. P-1 is dated 4th December 1961 and was published in the Kerala Gazette dated 30th January, 1962. In relation to sub-section (4) of S.17, what is stated in Ext. P-1 is as follows:

"Under sub-section (4) of S.17 of the Act, the Government of Kerala direct that in view of the urgency of the case, the provisions of S.5-A of the Act shall not apply to this case."

Ext. P-2 is also dated 4th December, 1961. This was published in the Kerala Gazette dated 13th February, 1962 and the relevant part of that notification is in these terms:

"Under sub-section (2) of S.17 of the Act the Government of Kerala further direct that the possession of the said lands may be taken immediately after the publication of the notice mentioned in S.9(1) of the Act.

2. I am really concerned in this case about that part of Ext. P-1 which
















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