FORANE CHURCH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is directed against an order of a learned Single Judge allowing a writ petition praying to quasn Ext. P3 order passed by the Board of Revenue on the 7th august, 1968, overruling the objection of the writ petitioner (hereafter called the petitioner) to the acquisition of a plot of land belonging to her comprised in S. No. 455/3 and 456/3 in Chalakkudy village. The acquisition was for the purpose of St. Mary's L. P. School, a school owned and managed by the Forane Church, the 4th respondent. The land in question originally belonged to the church and the petitioner was a tenant under the church. When the Land Reforms Act (Act 12 of 1964) came into operation the petitioner filed applications O. A. 1055 and 1056 of 1965 to purchase the right, title and interest of the landlord. Although the church opposed the applications they were allowed. The church appealed against the decision, but the appeal was dismissed; and thereafter, the church filed revisions before this court. The revision petitions were also dismissed. It was after this that the church approached the 3rd respondent, with a prayer for acquisition of the land under the Kerala Land Acquisition Act (for short the Act) for the purpose of the school. A notification under Section 3 (1) of the Act was published in the Gazette on the 21st November 1967 for acquiring the land for a public purpose, namely for the purpose of St. Mary's L. P. School. Ex. P1 notice was also served on the petitioner. She filed an obiection. under Section 5 of the act and it was inquired into and the Collector sent a report to the Board of revenue recommending the acquisition. The Board of Revenue thereafter reiected the obiection of the petitioner by Ex. P-3 order.

(2.) THE first contention before the learned Single Judge was that the motive of the church was mala fide in requiring the acquisition of the property for the reason that the church was worsted in the fight before the Land Tribunal, and that it was to wreak its vengeance that the church approached the authorities and managed to get the proceedings for acquisition initiated. The learned Judge was of the view that the proceedings were vitiated by mala fides and that it was to wreak vengeance and to deprive the petitioner of her land that the church initiated the proceedings and not for the purpose of extending the area of the site of the school.

(3.) THE primary school in question was established more than 70 years back. The area of the site of the school is only 47 1/2 cents. The school was originally started in S. No. 504/3. Thereafter a section of the school was moved to a plot of land in s. No. 498. The school, therefore, is now located in two places.