VARKEY DEVASSY Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this writ application is

(2.) The first respondent to this writ application is the State of Kerala. The second respondent is the Revenue Divisional Officer, Fort Cochin and the additional third respondent is the General Secretary, Nettur Dharmaprasobhini Sabha. Ext. P-1 notification was issued under S.3(1) of the Land Acquisition Act, II of 1070 which was applicable to the Cochin area. It is unnecessary to read S.3(1). It is very similar to S.3 of the Kerala Land Acquisition Act, 1961. Ext. P-1 notification stated:

(3.) It is alleged in the counter affidavit that no objections were raised to the above notification within the time prescribed by S.4 of Act II of 1070. Therefore a declaration was made under S.6 on 21st January, 1964. Thereafter a notice Ext. P-6 was issued under S.9(3) of the Kerala Land Acquisition Act, 1961. It may be mentioned here that the Kerala Land Acquisition Act came into force on 1-4-1963 replacing Act II of 1070 and this was before the declaration Was made. The declaration was made under S.6 of the Kerala Land Acquisition Act, 1961.