K. MADHAVAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the legal heirs of Late Kalayani Amma who was the owner of an extent of land admeasuring 1.36 acres situated in Sy. No. 84/2A3 in Menhaniam Amsom, Desom in Quilandy Taluk.

(2.) Around four decades back, the Government of Kerala acquired the aforesaid extent of land under the Land Acquisition Act, 1894, for a public purpose, i.e., for the benefit of the Malabar Market Committee. The requisite compensation for acquisition was also paid to the owner. The Malabar Market Committee had been established and constituted under the Madras Commercial Crops Markets Act, 1933.

(3.) Later, the Madras Commercial Crops Markets Act, 1933 prevailing in the erstwhile Malabar area of Kerala was declared void and unconstitutional by this Hon'ble Court. As a result, the Malabar Market Committee ceased to exist. Following the declaration of the Madras Commercial Crops Markets Act as void and unconstitutional, the then District Collector, Kozhikode was appointed as the Administrator and Liquidator of the Malabar Market Committee, with authority to dispose of its assets in order to meet its liabilities, including arrears of salary and pension payable to the employees as well as to the members of the defunct Committee.