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1962 Supreme(Ker) 313

M.MADHAVAN NAIR
Ambujam N. Menon – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. 'The Premier Tyres Limited' is a public limited Company incorporated in India, having its registered office in Bombay and the factory for the manufacture of tyres and other rubber goods at Kalamassery on land acquired by the State of Kerala and given to it in 1960. It has commenced production of tyres on May 27,1962. For expansion of the factory, the Company needs more land to put up additional buildings and structures and the only land found suitable is the petitioners' land adjoining its premises. Attempts to purchase the same by direct negotiations with the 1st petitioner, who is the mother of the other petitioners having failed, it moved the State Government for compulsory acquisition thereof under the Travancore Land Acquisition Act that was in force in the area concerned. Notification under S.4(1) of the Act has been published in the Gazette dated October 17,1961; and declaration, under S.6(1) in the Gazette dated April 3, 1962. The latter, after declaring that the land specified therein, 4.78 acres in extent, is "needed for a public purpose to wit, for the use of Messrs. Premier Tyres Limited" and empowering the 3rd respondent. Deputy Collector (Land Acquisiti






































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