DAVOOD M Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises from the judgment in W.P.(C) No.26065/2010. The appellants, the legal heirs of late Kunhabdulla, applied for assigned of 25 cents of land on the ground that the deceased was in possession of the land and had constructed two houses there. The application was rejected by Ext.P3 and the revision filed was also rejected by Ext.P5. It was challenging Exts.P3 and P5, the writ petition was filed. By the judgment under appeal, the learned Single Judge dismissed the writ petition. It is this judgment which is impugned.

(2.) Heard the Counsel for the appellants and the learned Government Pleader appearing for the respondents.

(3.) Admittedly, the deceased Kunhabdulla was in possession of 1.55 acres of land, which contain a dwelling house partially terraced, one flour mill, a chicken stall, cattle shed and coconut garden. It is in that building his legal heirs were residing. Therefore, the deceased was not utilising the land either for his residence or for cultivation. On the other hand, the deceased is said to have constructed two houses in the land in question and had let out those buildings to tenants. Such being the factual situation, according to us, the respondents were justified in declining the claim of the appellants for assignment of the land under the provisions of the Kerala Land Assignment Act and Rules.