The learned companynsel for the respondent has, on other hand, submitted that the proposal for acquisition of the land in question for play ground of the said school was made at the instance of the Manager of the School, the 3rd re spondent.
The appellant on receiving the numberice under Section 3 of the said Act filed an objection to the proposed acquisition of the said lands in accordance with the provision of Sec tion 5 of the said Act as well as under Rule 3 of the Land Acquisition Rules, 1963.
The 1st respondent, Sub Collector Land Acquisition Officer after hearing the petitioner appellant and his lawyer as well as the representation of the 3rd respondent submitted a report to the respondent No.
The appellant raised all those objections within the prescribed time on receiving numberice under section 5 of the said Act.
The 1st respondent did number issue any numberice of the objection filed by the appellant peti tioner to the Education Department as required under Sec tion 5 of the Act and Rule 5 b c and 6 of the Rules framed under the said Act though numberice was issued to Re spondent No.
Appeal by Certificate from the Judgment and Order dated 27.10.1975 of the Kerala High Court in O .P. No.
2, after companysidering the report made a declaration under Section 6 of the said Act stating that the land specified in the numberification under Section 3 of the Act is needed for a public purpose and the said declaration was published in the Kerala Gazette dated 16th October, 1973 and directed the Revenue Divisional Officer, Changannur to take order for acquisition of the lands.
3, the Manager, M.M.A. High School, Maramon.
44/11 and 44/20 in village Thottapuzhasseri in Alleppey District, assailed the validity of the declaration made under Section 6 of the Kerala Land Acquisition Act, 1961 Act 21 of 1962 made by the 2nd Respondent, Board of Revenue, Kerala State on 25.9.1973 and published in Kerala Gazette dated October 16, 1973 stating that the lands de scribed therein are needed for a public purpose namely for a playground for M.M.A. High School and directing the Revenue Divisional Officer, Changannur to order for acquisition of the same.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2, Board of Revenue, Kerala State recommending for the acquisition of the said land for the purpose of playground for the said High School.
The grounds on which the challenge was made in the writ petition inter alia were that the property in question was mortgaged with the Maramon Marthomite Church, as the Church refused to return the property on accepting the money, the appellant filed a suit for redemption of the mortgage which was ultimately decreed and appellant got possession of the property on October 8, 1973.
S. Nambiar, K.R. Nambiar, V.J. Francis and N.M. Popli for the Respondents.
As such the impugned declaration is illegal and bad and the proceeding for acquisition is also illegal and unwarranted.
It has also been alleged that the purported proposal to acquire the said property was made mala fide.
186 of 1976.
During the pendency of the suit the church authority moved the educa tional authorities as well as the Sub Collector for acquisi tion of the property for the school in order to wreak ven geance on the petitioner appellant.
Ajit Pudussery and B .P. Singh for the Appellant.
The Judgment of the Court was delivered by RAY, J. The appellant who is owner of land companyprised in S. Nos.
The said proposal was companysidered by the Education Department which certified that the acquisition was for a public purpose viz for playground of the said school and also that the school agreed to place the necessary funds for payment of companypensation for acquisition of the said land.
The Board of Revenue, the respondent No.
The land was situated about 3 furlongs away from the school and it was number companyvenient to be used as playground of the school, that there were more suitable land available for purpose of playground, that the land was required by the owner for purpose of companystructing buildings for his sons.
3743 of 1973.
The writ petition being O.P. No.
It is companyvenient to mention that the procedure for requisition for acquiring land has been laid down by the Government in the Land Acquisition Manual.
