ABDUL KAREEM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONERS have approached this court seeking a direction to the respondent to assign 9.5 acres of land in re-survey No. 168/1, 169/2, 172/2, 169/2C in Tirur which was surrendered to the Government as surplus land in terms of proceedings of Tirur Taluk Land Board for the purpose of construction of a Bus Stand, community hall and mini-stadium. They have also filed Ext. P2 representation in that regard, before the District Collector. PETITIONERS have approached this court seeking a direction to the respondent to assign 9.5 acres of land in re-survey No. 168/1, 169/2, 172/2, 169/2C in Tirur which was surrendered to the Government as surplus land in terms of proceedings of Tirur Taluk Land Board for the purpose of construction of a Bus Stand, community hall and mini-stadium. They have also filed Ext. P2 representation in that regard, before the District Collector.

(2.) ADMITTEDLY, the land is now vested in Government on surrender by the person against whom proceedings had been initiated by Land Board. Land in question is thus surplus land vested in Government in terms of the provisions in Kerala Land Reforms Act 1963. Assignment of land so vested in Government is covered by the provisions contained in Sec. 96 of the Act. Sub sec. 1 therefore provides that such lands vested in the Government under Sec. 86 of Sec. 87 shall be assigned first to kudikidappukars. Remaining lands shall be assigned to landless agricultural labourers and small holders. Petitioners do not come within any of these categories and consequently they are not entitled for assignment of land vested in Government as per Land Reforms Act. Of course notwithstanding the provision contained in sub section 1 the Land Board may, if it considers that any land vested in the Government under Sec. 86 or 87 is required for any public purpose, reserve it for such purpose. There is no case for petitioners that there is such an order of reservation of land in question for any public purpose. Therefore original petition fails and is dismissed.