Sareena vs The Administrator

Kerala High Court

Sareena vs The Administrator on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                          WP(C) NO. 13489 OF 2024
PETITIONER:

             SAREENA
             AGED 39 YEARS
             D/O SAYED BUHARI, CHAMAYATHUPURA (H) KAVARATTI ISLAND,
             LAKSHADWEEP., PIN - 682555
             BY ADVS.
             R.ROHITH
             HARISHMA P. THAMPI


RESPONDENTS:

     1       THE ADMINISTRATOR
             UNION TERRITORY OF LAKSHADWEEP KAVARATTI ISLAND,
             LAKSHADWEEP, PIN - 682555
     2       THE DISTRICT COLLECTOR
             UNION TERRITORY OF LAKSHADWEEP KAVARATTI ISLAND,
             LAKSHADWEEP, PIN - 682555
     3       EXECUTIVE OFFICER
             VILLAGE DWEEP PANCHAYATH KAVARATTI ISLAND, UNION
             TERRITORY OF LAKSHADWEEP, PIN - 682555
     4       THE DEPUTY COLLECTOR
             KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN -
             682555
             BY SC - SAJITH KUMAR V.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.04.2024,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No. 13489 of 2024              :2:




                       VIJU ABRAHAM , J.
            ===========================
                   WP(C) No. 13489 of 2024
            ============================
              Dated this the 11th day of April, 2024

                             JUDGMENT

Petitioner has approached this Court seeking a declaration that the diversion certificate "as per regulation 20 of the Laccadive Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation, 1965" is only applicable to the assessed land wherein the Government has absolute right. Petitioner has also challenged Ext.P8 wherein she was directed to stop the construction undertaken by her.

2. It is seen that Ext.P8 order is dated 16.08.2022 and the petitioner has sought to challenge the same only at this point of time. The learned Counsel for the petitioner would submit that he has preferred Ext.P10 for getting assignment of the land as provided in Clause 14 of the Laccadive Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation, 1965.

3. The learned Standing Counsel for the respondent administration would submit that appropriate decision on Ext.P10 will be taken within a period of two months.

4. After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1 st respondent to consider and pass orders on Ext.P10 request submitted by the petitioner in WP(C) No. 13489 of 2024 :3: accordance with law at the earliest, at any rate within an outer limit of two months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner.

With the above said direction, the writ petition is disposed of.

Sd/-

VIJU ABRAHAM JUDGE sbk/-

APPENDIX OF WP(C) 13489/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 20.10.2010 ISSUED BY THE SUB DIVISIONAL OFFICER KAVARATTI IN FAVOR OF THEMR. MELULAPURA SHAIK KOYA Exhibit P2 A TRUE COPY OF THE RENT AGREEMENT, DEED NO. 65/2018 DATED 02.04.2018 Exhibit P3 A TRUE COPY OF THE LICENSE NO. 17/2018 DATED 09.05.2018 ISSUED BY THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE SETTLEMENT D.NO.

50/2020 DATED 03.09.2020 REGISTERED BEFORE THE KAVARATI SRO Exhibit P5 A TRUE COPY OF THE PERMIT/LICENSE NO.17/2018 DATED 01.07.2021ISSUED BY THE 3RD RESPONDENT IN FAVOR OF THE PETITIONER Exhibit P6 A TRUE COPY OF THE APPLICATION DATED 25.12.2021 FILED BEFORE THE 3RD RESPONDENT FOR THE RENEWAL OF LICENSE Exhibit P7 A TRUE COPY OF THE NOTICE DATED 21.02.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16.08.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P9 A TRUE COPY OF THE STATEMENT FILED BY THE LAKSHADWEEP ADMINISTRATION IN W.P.(C) NO.32422/2023 AND CONNECTED CASES BEFORE THIS HON'BLE COURT Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 04.03.2024 PREFERRED BEFORE THE 1ST RESPONDENT Exhibit P11 A TRUE COPY OF THE LAKSHADWEEP PANCAYATH REGULATION 2022 ISSUED BY THE HON'BLE PRESIDENT OF INDIA, NOTIFIED IN THE OFFICIAL GAZETTE 19.09.2022 Exhibit P12 A TRUE COPY OF THE INTERIM ORDER DATED 27/4/2021 IN W.P (C) NO: 10592 /2021 OF THIS HON'BLE COURT Exhibit P13 A TRUE COPY OF THE INTERIM ORDER DATED 30/4/2021 IN W.P (C) NO: 10592 /2021 OF THIS HON'BLE COURT