A. MUHAMED MUSTAQUE, J.

1. This writ petition is filed by an elected member of Wandoor Grama Panchayat challenging governmental decision to allot 7.45 acres of land in Resurvey No. 460/1 of Wandoor Village, Nilamboor Taluk, Malappuram District for the purpose of establishing Arts and Science College by the sixth respondent-Society.

2. The land in question is vested with the Government under Section 86 of the Kerala Land Reforms Act, 1963 (for short, the "KLR Act").

3. Under Section 96 of the KLR Act, the Land Board is free to assign land vested with the Government under Section 86 of the KLR Act for the purposes, referred under Section 96. It is apposite to refer Section 96 hereunder:

"96. Assignment of lands by Land Board.- (1) The Land Board shall assign on registry subject to such conditions and restrictions as may be prescribed, the lands vested in the Government under Section 86 or Section 87, as specified below:

(i) the lands in which there are kudikidappukars shall be assigned to such kudikidappukars;

(ii) the remaining lands shall be assigned to-

(a) landless agricultural labourers; and

(b) smallholders and other landlords who are not entitled to resume any land.

Provided