High CourtsSingle Bench(2018) 03 KL CK 0042

Velayudhan @APPELLANT@Hash The Assistant Executive Engineer Rrigation Sub Division And Ors

High Court Of Kerala · Decided on 1 March 2018

HON’BLE JUDGES
A. Muhamed Mustaque, J
RESULT
Dismissed
CASE NUMBER
Review Petition No. 905 Of 2016

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Judgment

5 paragraphs · 235 words
1.

This review petition is filed by the writ petitioner seeking review of the judgment dated 01.03.2016 in W.P.(C) No.5293 of 2016, on the ground that the petitioner's name has already been included among the beneficiaries in a list prepared for allotment of land under Zero Landless Scheme.

2.

In the counter affidavit filed by the 5th respondent, it is stated that the petitioner's name was originally included and thereafter it was deleted for the reason that he has transferred his land in favour of his unmarried daughter.

3.

In view of the fact that the petitioner's name is not there in the list, the petitioner cannot claim that he is a beneficiary of such allotment. However, the petitioner has a contention that name of his wife is included in the list and therefore, the petitioner cannot be evicted from the land now in their occupation.

In fact the petitioner approached this Court when he was threatened with eviction pursuant to the proceedings initiated under the Kerala Land Conservancy Act. The petitioner cannot contend that till he is allotted a land under the Zero Landless Project, he should be permitted to continue in the Government land. There is no need to extend any sympathy to the petitioner for the simple reason that the petitioner had transferred his own land in favour of his daughter.

This review petition therefore lacks merit and it is accordingly dismissed.