1. This appeal arises from the order by a learned judge of this Court, dismissing the appellant's petition under Art.226 of the Constitution. The facts culminating in the order are shortly these:- Kannan, a Harijan, was living in a but within the plot owned by the writ petitioner, and eviction proceedings had been taken against him due to his non-payment of rent. He however, continued to occupy the but and the police started proceedings against him for the trespass, which resulted in his being made to furnish security for good behaviour. About that time notification under S.4 (1) of the Land Acquisition Act was published in Kerala Gazette on December 31, 1957, and it is common ground that provisions of S.5 (A) of the Land Acquisition Act were dispensed with and orders for urgent assumption of possession were issued. The petitioner challenges the constitutionality of the aforesaid order on two grounds, one being that the acquisition was not for public purpose, as an individual was being benefitted thereby and the next is that the acquisition was mala fide as the Harijan was already possessed of other property including a dwelling house, and the Government had only assist