SKARIA FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for a writ of certiorari quashing Ext. P. 2 notice. The notice directed the petitioner to surrender possession of the property in S. No. 654/11/ D1 of the Lalom Village and the building thereon to the 3rd respondent, the Tahsildar. Petitioner says that he has been occupying the building for the last 26 years as a lessee and has effected considerable improvements on it and is conducting a cloth shop there. And his contention is that under S.9(3) of the Kerala Land Acquisition Act it was necessary that the concerned Land Acquisition Officer should have issued notices to the occupier and other persons interested in the land sought to be acquired intimating them that the Government intend to take possession of the land and calling for their claims for compensation, and as no notice under the sub-section was served on the petitioner the proceedings for acquisition are vitiated and that Ext. P. 2 notice must be quashed.

(2.) The only question therefore, which I need consider in this petition is whether Ext. P.2 notice is without jurisdiction because no notice under S.9(3) was issued to the petitioner. S.9(3) is as follows: