MUTHUSWAMY KOUNDEN Vs. STATE OF KERALA & ANOTHER

JUDGEMENT

(1.) These petitions and appeal were heard together and can be disposed of by a common judgment. They relate to the validity of the requisitioning of certain irrigation works by the Government of Kerala under the Travancore-Cochin Requisitioning and Acquisition of Property Act, 1955 (Act I of 1956).

(2.) The power of requisitioning is conferred by S.3 of the Act. On 8-2-1958 notices were issued by the Government calling upon the owners and persons in possession to show cause within 15 days of the service of the notices why the irrigation works concerned should not be requisitioned for the purpose mentioned in the notices, namely, "for affording better irrigational facilities to the cultivators and for the more equitable distribution of water for irrigation purposes." The notices made it clear that the Government were of opinion that the irrigation works should be requisitioned for that purpose and said :

(3.) On 29-7-1958 the Collector issued a notice requisitioning the irrigation works described in the schedule to that notice. The notice, omitting the schedule, reads as follows:--