The challenge is against Ext. P4 order passed by the 1st respondent-Government rejecting the revision petition filed by the petitioner aggrieved by the assignment on registry of 75 cents of government land in survey No. 319 and 320 of Aranattukara village in Thrissur District, in favour of the 4th respondent.

2. Petitioner says that Exts. P2 and P4 have been passed malafide and flouting the mandatory provisions in the Kerala Government Land Assignment Act, 1960 (Act 30 of 1960) and the Kerala Land Assignment Rules, 1964.

3. 'Government lands' for the purpose of the Kerala Land Assignment Rules (for short 'the rules') shall consist of lands belonging to Government and available for assignment as per lists prepared by the Revenue Department and approved by the competent authority under the Rules and such other lands as may be set apart for the purpose of the Rules. 'Assignment' is defined in R.2(c) of the Rules as transfer of land by way of registry and includes a lease and a grant of licence for the use of the land.

R.11 says that before granting registry, Government shall cause to be prepared lists of the lands which would be reserved for Government or public purposes in each village and lists of the lands which may be made available for assignment in each village. This rule classifies lands to be reserved for Government or public purposes as including certain categories as per R.11(2) to (6). Thus the rule contemplates two lists prepared on the basis of the above classification; the lists of lands to be reserved for Government or public purposes and the lists of lands which may be made available for assignment. These lists shall be submitted to the Government for approval. The Rules say that action to assign such lands on registry shall be taken only after the Government or any authority authorised in that behalf approves those lists. Therefore, preparation of the lists and the approval of those lists under R.11 of the Rules are conditions precedent for initiating steps for assigning the land. R.12 says that before considering an application for assigning the land, the Tahsildar shall publish a notice inviting objections from interested persons to the registry of lands. The manner of publication of the notice is also specifically mentioned in the rule.

4. Respondent No. 4 submitted Ext. P1 application before the 2nd respondent-District Collector to assign land extending one acre comprised in survey Nos. 319 and 320 of Aranattukara village in Thrissur District. In that application he stated that he was in possession of the property and that he required the same for personal cultivation. The District Collector did not feel it necessary to allow the request of the 4th respondent and he passed order dated 13.2.1982 stating that the land in question was not feasible for cultivation.

5. Against this order of the District Collector, the 4th respondent approached the Board of Revenue (L.R.), Trivandrum. By Ext. P2 order dated 15.3.1993, the Board of Revenue allowed the appeal. The operative part of the order reads as follows:

"From the records it is seen that the person is entitled to win this appeal. He has been in possession of the land since 1968 at least. However, I find that there is a proposal to assign 25 cents from this for a public purpose. It is not clear from the file the stage at which the matter stands. However, the learned advocate for the appellant concedes that it would be enough if appeal is allowed restricting its scope and the rest of the area actually available. In view of this submission there is no need to remand the case and so the appeal is allowed subject to the above submission of the appellant".

6. Challenging Ext. P2 the petitioner along with another filed O.P. No. 11670 of 1993 before this Court. This Original Petition was disposed of by Ext. P3 judgment directing the petitioners therein to avail the opportunity to file a revision against Ext. P2 before the Government. Accordingly, the petitioner pre