GOPINATHA PILLAI Vs. STATE OF KERALA
LAWS(KER)-1967-7-27
HIGH COURT OF KERALA
Decided on July 13,1967

GOPINATHA PILLAI Appellant
VERSUS
THE STATE OF KERALA Respondents

JUDGEMENT

- (1.) These three Original Petitions arise out of the acquisition of certain lands in Kayamkulam Village, Karunagapally Taluk by the Government of Kerala for the purpose of the Central Coconut Research Station. The petitioners have claimed the same reliefs; and common questions arise in all the three cases. They were, therefore, heard jointly, and are being disposed of by this common judgment.
(2.) The Secretary, Indian Central Coconut Committee, Ernakulam, in his letter dated 9-4-1962, requested the Government of Kerala to acquire 9.5025 acres of land at Kayamkulam for the purpose of the Central Coconut Research Station. For the purpose of acquiring the said land, the Government published a notification under S.4(1) of the Travancore Land Acquisition Act, 1089 (hereinafter referred to as the Travancore Act) in the Kerala Gazette dated 5-3-1963. This was followed by a declaration under S.6(1) of the Travancore Act, which was published in the Kerala Gazette dated 12-3-1963. The Government also published a notice under S.9(5) of the Travancore Act, in the Kerala Gazette dated 19-3-1963 fixing 29-3-1963 for enquiring into the claims for compensation. The Travancore Act was repealed and reenacted by the Kerala Land Acquisition Act, 1961 (hereinafter referred to as the Kerala Act). The Kerala Act came into force on 1-4-1963. After making due enquiries about the claims and objections, award was passed by the Collector under S.11 of the Kerala Act on 31-8-1965,
(3.) The petitioner in O. P. No. 820 of 1966 is a son of one Krishna Pillai, who was the registered holder of 4.07 acres out of the land acquired as per the aforesaid award. Krishna Pillai died in 1964; and after his death the said land devolved on his legal representatives; and the petitioner is one among them. According to the petitioner, his father and filed objections to the proposed acquisition; but nothing was heard about it afterwards, and he thought that the acquisition proceedings were dropped. He got a notice dated 21-2-1966 from the Executive First Class Magistrate and Revenue Divisional Officer, Alleppey under S.51 of the Kerala Act, directing him to surrender the said land as per the award. According to the counter affidavit filed on behalf of the State of Kerala, the petitioner's father had not filed any objections to the proposed acquisition; and the notice under S.51 of the Kerala Act was issued to the petitioner, as he objected to surrender the land as per the award.;


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