Thottathil B.Radhakrishnan, J. C.M.Appl.No.913 of 2014 1. We have heard the learned counsel for the petitioner.
2. The application seeking condonation of delay is footed on the ground that the petitioner/appellant was in Hyderabad in connection with his business activities and could not, therefore, instruct the Advocate for the institution of appeal. We note this fact and condone the delay, in the peculiar facts and circumstances of the case.
W.A.No.1725 of 2014
3. Insofar as the appeal is concerned, we have heard the learned counsel for the appellant and the learned Senior Government Pleader.
4. The appellant, as already noted, a business man who holds three acres of land, made an application to the Deputy Collector (Land Reforms) that he may be granted land by assignment. He had stated reason for such request. He said that the land for which he is requesting lies bordering the three acres of land belonging to him. It appears that the whole area, going by the petitioner's own showing through Ext.P2, is full of black rocks. Beneficial enjoyment is a ground for assignment under the Kerala Land Assignment Rules, 1964, “Rules”, for short. There are certain conditions and stipulations. That apart, the Deputy Collector has dismissed the application because, the request made in terms of the provisions of the Kerala Land Reforms Act, 1963, “Act”, for short, did not merit consideration. Firstly because, there is no provision in the Act for such assignment. More importantly, it needs to be noted that once excess land is surrendered in terms of the Act, the Government has to account it for being distributed to the landless persons, in accordance with the objects sought to be achieved by the Act. Going through the Rules, we see no ebb of right for the appellant to have claimed any assignment even in terms of those Rules. The decision of the learned single Judge does not, therefore, merit interference at our hands in this intra- court appeal under Section 5 of the Kerala High Court Act. The writ appeal, therefore, fails.
In the result, this writ appeal is dismissed.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) (BABU MATHEW P. JOSEPH, JUDGE) jg