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1955 Supreme(Ker) 9

KOSHI, M.S.MENON
Philip – Appellant
Versus
State – Respondent


Judgment :-

1. This is an appeal from the order of a Single Judge of this Court dismissing O.P. No. 6 of 1951. The appellant's prayer in that petition was for an appropriate writ or direction quashing the proceedings in the matter of the closing of a road within the limits of the Corporation of Trivandrum under S. 207 of the Trivandrum City Municipal Act, 1116, which reads as follows:

"(1) The Commissioner may, subject always to such sanction as may be required under Chap.4, (a) lay out and make new streets;

(b) construct bridges and sub-ways;

(c) turn, divert, or, with the special sanction of the Council and Our Government, permanently close any public street or part thereof; and

(d) widen, open, extend or otherwise improve any public street.

(2) Reasonable compensation shall be paid to the owners and occupiers of any land or buildings which are acquired for or affected by any such purposes.

(3) In determining such compensation allowance shall be made for any benefit accruing to the owner or occupier concerned from the construction or improvement made by the Commissioner".

2. It is agreed that the road concerned is a public street and that what is intended is a permanent closure of that

























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