A.L SREENIVASA SHENOY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is directed against the decision of a learned Judge of this Court dismissing in limine the petition filed by the appellants under Article 226 of the Constitution.

(2.) THE properties comprised in S. Nos. 638/3 and 665/2 in Pallipuram village, Cochin taluk, having an extent of 37 acres and lying in one compact block belonged to A.N. Laxmana Shenoi, father of appellants 1 and 2 and grandfather of the third appellant. After the death of Laxmana Shenoi, the property devolved on the appellants.

(3.) THE Government of Kerala published a notification dated 25th June, 1959, under Section 3(1) of the Cochin Land Acquisition Act 2 of 1070 (hereinafter referred to as 'the Cochin Act') to the effect that 1 acre 34 cents comprised in S. No. 638/4 and originally forming part of S. No. 638/3 and 44 cents comprised in S. No. 645/7 and originally forming part of S. No. 665/2 in Pallipuram village belonging to the appellants are needed for a public purpose, namely, for the formation of a Harijan Colony. The copy of the notification is Ext. P -3. The notice under Section 3(1) of the Cochin Act was served on the first appellant on 11 -9 -1959.