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1980 Supreme(Ker) 55

T.KOCHU THOMMEN
P. Kunhahammad Haji – Appellant
Versus
Special Tahsildar (L. A. ) Pazhassi Project, Anjarkkandy – Respondent


Advocates:
V. M. Nayanar, M. Krishna Kumar and R. Krishnan Nair, for Petitioner, Govt. Pleader, for Respondent.

ORDER :-

The petitioner's application (Ext. P-3), purportedly filed under S.20 of the Kerala Land Acquisition Act, 1961 ('the Act'), was rejected by the impugned order (Ext. P-5) on the ground that it was presented out of time. According to the petitioner he has had no notice of the various steps taken by the respondent for the acquisition of the land. It is stated that no notice under either R.3 of the Kerala Land Acquisition Rules, 1963 ('the Rules') or S.9(2) and (3) or S.12 of the Act was received by him. He filed the application under S.20 (Ext. P-3, dated 22-6-1977) as soon as he heard of the award when the Sub-Court, Tellicherry sent him a notice in L.A.R. No. 92/77. It is accordingly submitted by the petitioner that Ext. P-3 was filed within the time mentioned under S.20(2)(b).

2. In the counter-affidavit dated 7-2-1978 it has been stated by the respondent, the Land Acquisition Officer that notice contemplated wider Ss.3, 9 and 12 as well as R.3 had been duly issued. Notice under R.3 could not be served on the petitioner as he was not found at the place of his residence. But it was served on Abdullakutty who is the petitioner's mother's sister's son. Abdullakutty resides at























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