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1959 Supreme(Ker) 318

VAIDIALINGAM
Kamalamma – Appellant
Versus
State – Respondent


Judgment :-

1. In this application filed under Art.226 of the Constitution, the petitioners, who are the owners of Sy. Nos. 197/2 and 197/8 of Anchamada Village, Trivandrum taluk, challenge the land acquisition

proceedings taken by the State of Kerala, at the instance of the City Corporation, Trivandrum in respect of portions of the two survey numbers. The acquisition is also in respect of parts of certain other survey numbers belonging to other owners and the petitioners are not interested in them.

2. The main attack that is made by the petitioners in these proceedings is that the proposed acquisition is not intended for a 'public purpose' or to benefit the public and that it is only to benefit the third respondent. Therefore, the question to be decided is as to whether the proposed compulsory acquisition in this case, is for a'Public purpose' in which case alone, it will be saved under Art.31(2) of the Constitution.

3. The circumstances leading up to this application are briefly as follows:

Though the petitioners have also filed a sketch showing the lie of the respective properties, including the portions of the lands proposed to be acquired, during the course of arguments, Mr. G. V






































































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