ANITHA JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals arise out of a common judgment dated 3rd July, 2007 rendered in two writ petitions namely WP (C) Nos. 12587 of 2007 and 12874 of 2007.

(2.) The facts leading to the litigation are as follows:

(3.) In these two appeals, we are concerned with the acquisition, in so far as it pertains to one of the above mentioned three villages, i.e. Mullackal. The appellant in WA No. 2076 of 2007 is the owner of a small extent of 20 cents of land in Sy. No. 26/14 / B1, whereas the appellants in WA 2046 of 2007 are the legal representatives of the deceased original owner of small extent of 15.125 cents in the same survey number. While issuing notification under S.4(1) of the Land Acquisition Act, the State of Kerala also invoked the power under S.17(4) of the Act, thereby dispensing with the enquiry under S.5A of the Land Acquisition Act.