Kerala High Court

Muhammed Rafi C.K vs Administrator on 12 January, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                     WP(C).No.197 OF 2021(Y)


PETITIONERS:

      1        MUHAMMED RAFI C.K
               AGED 43 YEARS
               S/O. MULLAKKOYA .P.P., CHERIYA KOTTARAM (H),
               KAVARATTI, LAKSHADWEEP, PIN-682 555

      2        RAHMATHULLA.A.P.
               AGED 41 YEARS
               S/O. MUTHUKOYA .M.P., MOOLOKE PURA (H),
               KAVARATTI, LAKSHADWEEP, PIN-682 555

      3        ANWAR.P.
               AGED 47 YEARS
               S/O. MUTHUKOYA.P., PALLICHA (H), KAVARATTI,
               LAKSHADWEEP, PIN-682 555

      4        HAMSAT .U.P.
               AGED 46 YEARS
               S/O. BASHA, ULLIKANAPURAB (H), KAVARATTI,
               LAKSHADWEEP, PIN-682 555

      5        BASHEER.K.P.
               AGED 45 YEARS
               S/O. SHAMSAN.P.P., KUTTIPPAPAPURA (H),
               KAVARATTI, LAKSHADWEEP, PIN-682 555

      6        THAJUDHEEN.U.P.,
               AGED 43 YEARS
               S/O.AHMAD.C.S., UMPEPURA (H), KAVARATTI,
               LAKSHADWEEP, PIN-682 555

      7        MULLAKOYA .U.P.
               AGED 45 YEARS
               S/O. UKKAS.K., UMPEPURA (H), KAVARATTI,
               LAKSHADWEEP, PIN-682 555
 WP(C)No.197 of 2021

                              2

      8      SUNDHARIBI.P.S.
             AGED 46 YEARS
             D/O. AMMED.K., PUTHIYA SURAMBI ,(MULOKEPURA)
             (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

      9      LIYATH ALI.A.P.
             AGED 48 YEARS
             S/O. USAF.P., ATHAMPAPEPURA (H), KAVARATTI,
             LAKSHADWEEP, PIN-682 555

      10     MOHAMMED ALI.N.P.
             AGED 47 YEARS
             S/O. HAMSU.T.P., NALIYAMPURA (H), KAVARATTI,
             LAKSHADWEEP, PIN-682 555

      11     BASHEER.K.P.
             AGED 41 YEARS
             S/O. MUTHUKOYA.K., KARICHIPARA (H), KAVARATTI,
             LAKSHADWEEP, PIN-682 555

      12     JALEEL.M.
             AGED 47 YEARS
             S/O.KUNNIKOYA.K.P.,MUTHAMMADA (H), KAVARATTI,
             LAKSHADWEEP, PIN-682 555

      13     ABDULHI.C.P.,
             AGED 40 YEARS
             S/O. ABOOBAKAR, CHAMAYATHAPURA (H), KAVARATTI,
             LAKSHADWEEP, PIN-682 555

      14     MUTHUKOYA.M.P.
             AGED 47 YEARS
             S/O. SIDHEEQE.T.P., MALIPAPADA (H), KAVARATTI,
             LAKSHADWEEP, PIN-682 555

      15     MOHAMMED.K.P.
             AGED 42 YEARS
             S/O. MUTHUKOYA.K., KARICHIPARA (H), KAVARATTI,
             LAKSHADWEEP, PIN-682 555
 WP(C)No.197 of 2021

                                3

      16       KADEESHA.P.
               AGED 45 YEARS
               C/O. AHMAD.P., PALLAM (H), KAVARATTI,
               LAKSHADWEEP, PIN-682 555

      17       KALEELRAHMAN.M.P.
               AGED 45 YEARS
               S/O. SIDHEEQE.T.P., MALIKAPADA (H), KAVARATTI,
               LAKSHADWEEP, PIN-682 555

               BY ADVS.
               SRI.R.ROHITH
               SMT.HARISHMA P.THAMPI

RESPONDENTS:

      1        ADMINISTRATOR
               OFFICE OF THE ADMINISTRATOR, KAVARATTI, UNION
               TERRITORY OF LAKSHADWEEP, PIN-682 555

      2        DISTRICT COLLECTOR,
               OFFICE OF THE DISTRICT COLLECTOR, KAVARATTI,
               UNION TERRITORY OF LAKSHADWEEP, PIN-682 555

      3        DEPUTY COLLECTOR,
               OFFICE OF THE DEPUTY COLLECTOR, KAVARATTI,
               UNION TERRITORY OF LAKSHADWEEP, PIN-682 555

      4        ADDITIONAL DISTRICT MAGISTRATE,
               KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN-
               682 555

               BY ADV. SHRI.S.MANU SR.CGC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.197 of 2021

                                 4

                           JUDGMENT

The petitioners, who are stated to be the natives of

Kavaratti Island in Lakshadweep, who are engaged in fishing

activities, have filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of certiorari to quash Ext.P1

notice dated 02.01.2021 issued by the 3 rd respondent Deputy

Collector, Kavaratti.

2. On 05.01.2021, when this writ petition came up for

admission, the learned Senior Central Government Counsel for

Lakshadweep Administration sought time to get instructions.

While ordering the writ petition to be listed on 08.01.2021 for

further consideration, this Court has ordered that status quo as

on that date in respect of the temporary shed, fencing, etc., of

the petitioners, which is the subject matter of Ext.P1 notice dated

02.01.2021, shall be maintained till then.

3. On 08.01.2021, when this writ petition came up for

consideration, the learned Senior Central Government Counsel for

Lakshadweep Administration submitted that a statement shall be

placed on record by 11.01.2021. Accordingly, the matter was

ordered to be listed today for further consideration, after WP(C)No.197 of 2021

extending the order of status quo till then.

4. A statement has been filed on behalf of the

respondents by the learned Senior Central Government Counsel.

Paragraphs 3 and 4 of that statement read thus;

"3. It is submitted that the 3rd respondent issued another notice on 07.01.2021 referring to Ext.P1 notice. IN the notice dated 07.01.2021, the 3rd respondent has stated as follows;

"It is to inform to all the concerned private parties that the notice dated 02.01.2021 regarding demolishing of temporary shed, fencing, unused mass making net, boat making shed etc., which are being constructed illegally on Government land shall be considered to be issued under Rule 17 of LRT, 1968 and accordingly 7 days time is hereby given to you to show cause why you should not be evicted from the Government land mentioned in the list enclosed. Your reply/objection, if any in writing, should reach this office on or before 14.01.2021 at 6 p.m., otherwise suitable legal actions will be initiated against you under various provisions of existing rules".

4. It may be noticed that the only legal contention of the petitioners is regarding Rule 17 of the LRT Rules, 1968. By issuing the notice dated 07.01.2021, the 3 rd respondent has complied with the requirements of Rule 17. Now, it is open to the petitioners to raise their objections and all WP(C)No.197 of 2021

contentions before the 3rd respondent in response to the notice dated 07.01.2021. Appropriate decisions taking note of the objections, if any, submitted by the petitioners will be taken by the 3rd respondent thereafter under Rule 17(3), in accordance with law."

5. Heard the learned counsel for the petitioners and also

the learned Senior Central Government Counsel for Lakshadweep

Administration, representing respondents 1 to 4.

6. The grievance of the petitioners, which is highlighted

in the writ petition is against Ext.P1 notice dated 02.01.2021

issued by the 3rd respondent, whereby the petitioners and others

are directed to demolish the temporary shed, fencing, unused

mass making net, boat making shed, etc., made in connection

with their fishing activities.

7. In Ext.P1, it is stated that the competent authority had

found that, there is illegal constructions on Government land and

as such, concerned persons are directed to demolish the

constructions whatsoever made in the above land within two

days.

8. The contention raised in this writ petition is that, the

procedure adopted by the 3rd respondent while issuing Ext.P1 WP(C)No.197 of 2021

notice is in violation of Rule 17 of Laccadive, Minicoy and

Aminidivi Islands Land Revenue and Tenancy Rules, 1968. The

said provision reads thus;

"17. Procedure for summary eviction (1) Before ordering eviction of a person under sub- section (1) of Section 15, the competent authority shall issue a notice to him requiring him to show cause within a period to be specified in the notice why he should not be evicted from the land.

(2) If the person concerned files an objection within the period specified in the notice or such extended period as may be allowed by the competent authority, it shall hold a summary inquiry in the manner laid down in schedule III. (3) If the person concerned files no objection within the time so specified or allowed, or if after inquiry the competent authority finds that the person is a trespasser, it shall order his eviction and also require him to remove any building or other construction erected, or anything deposited on the land within a time specified in the order."

9. During the pendency of this writ petition, the 3 rd

respondent has issued another notice dated 07.01.2021

informing all the concerned that the notice dated 02.01.2021 for

demolition of temporary shed, fencing, unused mass making net,

boat making shed, etc., which are constructed illegally on WP(C)No.197 of 2021

Government land, shall be considered to be one issued under

Rule 17 of Laccadive, Minicoy and Aminidivi Islands Land

Revenue and Tenancy Rules, 1968 and accordingly seven days

time is granted to the persons concerned to show-cause why they

should not be evicted from the Government land. By that notice,

such persons are granted opportunity to submit their

reply/objection, if any, in writing before the competent authority

on or before 14.01.2021 at 6.00 p.m., failing which necessary

action will be initiated.

10. The learned Senior Central Government Counsel would

submit that, as per the instructions already received, all those,

who have been issued with Ext.P1 notice, have been issued with

the notice dated 07.01.2021, requiring them to submit

reply/objection before 14.01.2021. In case the petitioners are in

receipt of the notice dated 07.01.2021, they can submit their

reply/objection before 14.01.2021 and the 3 rd respondent shall

pass appropriate orders, taking note of the reply/objection by the

petitioners.

11. The learned counsel for the petitioners would submit WP(C)No.197 of 2021

that petitioners 3 to 5 are in receipt of the notice dated

07.01.2021 and they will submit their reply/objection, if not

already submitted, before 14.01.2021.

12. Having considered the submissions made by the

learned counsel on both sides, this writ petition is disposed of

with the following directions;

(i) The petitioners, if they are in receipt of the notice

dated 07.01.2021, shall submit their reply/objection

on or before 14.01.2021, before the 3rd respondent.

(ii) The 3rd respondent shall consider that

reply/objection and take appropriate decision in the

matter, in terms of Rule 17 of the Laccadive, Minicoy

and Aminidivi Islands Land Revenue and Tenancy

Rules, 1968, within two weeks thereafter and

communicate the same to the concerned persons

before proceeding further in the matter.