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1959 Supreme(Ker) 96

N.VARADARAJA IYENGAR
Moosa – Appellant
Versus
State – Respondent


Judgment :-

1. This is a petition under Art.226 of the Constitution complaining against the acquisition by Government under the Land Acquisition Act, of 6 cents out of S. No. 56/2 in Badagara amsom in Kurumbranad Taluk belonging in jenm to the Kovilakam of Kadathanat Valia Raja and outstanding on kanom kuzhikanam with the petitioner.

2. It appeared that Kannan, a Harijan, was living in a but inside the plot proposed to be acquired as lessee under the petitioner and on account of continuous non-payment of rent, proceedings by way of eviction had been taken against him on 11-8-1955. And because he still continued to occupy the premises, proceedings for trespass were started against him by the Police and he had to furnish security for good behaviour. Soon later the question of housing him was taken up by the Madras Government on the motion of the Director of Harijan Welfare and the decision was then taken of acquiring the plot here at Government expense, for the purpose. Following this, the S.4 (1) Notification was published on 30-10-1956, the provisions of S.5 (A) were dispensed with and orders for urgent assumption of possession were also passed. The States Reorganisation Act then in
















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