LAWS(KER)-1979-12-16

NARAYANAN NAIR Vs. STATE OF KERALA

Decided On December 12, 1979
NARAYANAN NAIR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The only question which arises in this O. P. is whether the petitioner's application for reference under Section 20 of the Kerala Land Acquisition Act, 1961 ('the Act') was made in time. The application was received on 15-2-1977. According to the petitioner no notice under Section 12 (2) had been served on him either personally or by affixture according to law. He had no knowledge of the award until he was told of it by the Revenue Inspector who visited his property on 8-2-1977. After receiving information from the Revenue Inspector he sent his application on 13-2-1977.

(2.) It was stated in the counter-affidavit filed on behalf of respondents 1 to 3 that notice of the award under Section 12 (2) was issued on 7-10-1976. It was taken to the petitioner's house on 12-10-1976. The petitioner was not found. His wife Pan-kajakshi Amma was present. So was K. N. Narayanan Nair of Kondoor House. In the presence of these persons the notice was affixed on the outer door of the petitioner's house No. VPP 2-544. No reply-affidavit has been filed on behalf of the petitioner to controvert these statements.

(3.) The Government Pleader has produced before me a copy of the notice which contains the signature of Pankaja-kshi Amma and K. N. Narayanan Nair who attested the original notice which was affixed.