MOOSA Vs. STATE

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution complaining against the acquisition by Government under the Land Acquisition Act, of 6 cents out of S. No. 56/2 in Badagara amsom in Kurumbranad Taluk belonging in jenm to the Kovilakam of Kadathanat Valia Raja and outstanding on kanom kuzhikanam with the petitioner.

(2.) It appeared that Kannan, a Harijan, was living in a hut inside the plot proposed to be acquired as lessee under the petitioner and on account of continuous non payment of rent, proceedings by way of eviction had been taken against him on 11-8-1955. And because he still continued to occupy the premises, proceedings for trespass were started against him by the Police and he had to furnish security for good behaviour. Soon later the question of housing him was taken up by the Madras Government on the motion of the Director of Harijan Welfare and the decision was then taken of acquiring the plot here at Government expense, for the purpose. Following this, the S.4 (1) Notification was published on 30-10-1956, the provisions of S.5 (A) were dispensed with and orders for urgent assumption of possession were also passed. The States Reorganisation Act then intervened and so the S.6 Notification was published in Kerala Gazette on 31-12-1957 in completion of the preliminaries. Hence this petition, and the main ground raised are two-fold: (1) that the acquisition of the land was not for public purpose within the meaning of S.6 of the Land Acquisition Act inasmuch as one individual alone was benefitted thereby, and (ii) that the acquisition was mala fide in that Kannan was already possessed of other property and dwelling house and the Government had here only lent their aid to a scheme of revenge evolved by Kannan as against his quandum landlord.

(3.) The Respondents, viz. the State, the Collector of Kozhikode and the Special Tahsildar for Land Acquisition (Harijans), Kozhikode question the grounds relied on and further assert that the petition is not maintainable in view to the dismissal of prior petition O.P. 56 of 1958 filed by the petitioner in the same matter.