RAJAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The original petition is filed on the following premises. Petitioner is the owner of 1.45 acres of land in Sy. No. 1127 of Ulloor Village. It forms part of an extent of 3.15 acres of land. The patta for the 1.45 acres had been granted in the name of the petitioner's younger sister Jayasree, the 5th respondent The patta for the remaining area was in the names of the 5th respondent and another sister Sreekumari. The petitioner became entitled to the 1.45 acres by subsequent family arrangements.

(2.) This and the other lands are under acquisition. Proceedings started with the notification under S.3 of the Kerala Land Acquisition Act dated 28-6-1980 and culminated in the award on 13-10-1982. Advance possession was taken on 12-5-1982.

(3.) Petitioner was in the Gulf countries along with her husband. Her affairs in relation to the property were being looked after by the 5th respondent and her husband. The petitioner had had no notice of the acquisition proceedings.. The property of Sreekumari was also being acquired for the same purpose namely for the purpose of the Nalamchira Housing Scheme of the 4th respondent Kerala State Housing Board. After the (Central) Land Acquisition Act 1894 was extended to Kerala by Act 68 of 1984, the 5th respondent and Sreekumari attempted to get the award reopened to obtain the benefits of the said amendment. They filed O. P. Nos. 8520 and 8508 of 1985 in this court to direct the Land Acquisition Officer to reopen the awards and to grant them the benefits of the amendment. The original petitions were allowed and orders granting the benefits were passed on 14th and 26th August 1987.