KARUNAKARAN Vs. V. PADMINI & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dated 06.02014 passed in Writ Appeal No.1335 of 2013, whereby the Division Bench of the Kerala High Court upheld the judgment passed by the learned Single Judge, dismissing the writ petition filed by the appellant.

(3.) Briefly stated the facts of the case are that one Mr. K.P. Gopinathan was a landlord whose lands came under the purview of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the Act). The land which is the subject matter of the present proceedings was declared to be surplus land by the landlord. Originally, Respondent No.1 filed an application claiming Kudikidappukars (tenancy) rights on the land. This claim of Respondent No.1 was rejected by the Board constituted under the Act, some time in the year 1988. Thereafter, Respondent No.1 filed applications claiming assignment of the property measuring 8 cents in her favour on the ground that she was a landless agricultural labourer entitled to assignment of such rights in terms of Sec. 96 of the Act which reads as follows:-