ACHAN BAVA VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) There are eight appellants in this appeal. All of them along with 9 others sought the cancellation of notifications issued under S.3 of the Kerala Land Acquisition Act, 1961 which have been produced as Ext. P2 series in O. P. No. 1119 of 1966 as well as declarations issued under S.6 of that Act which were produced as Ext. P3 series in the said original petition. A notice Ext. P4 in the original petition was also sought to be cancelled. Various points were urged before the learned judge and negativing those contentions, the original petition was dismissed by the judgment appealed against.

(2.) Though the points raised before the learned judge have also been taken before us in this appeal, we consider it unnecessary to deal with all those points for we are of the view that the declarations Ext. P4 series and the order of the Collector No. D4-1237/66 dated 14-2-1966 referred to in the Declaration as well as the notice under S.9 Ext. P4 must be set aside on the short ground that S.3 of the Kerala Land Acquisition Act has not been complied with before the order of the Collector dated 14-2-1966 was passed, declaration under S.6 and notices under S.9, issued.

(3.) S.3 of the Act is in these terms: