B Koyamma vs Union Of India
2022 Latest Caselaw 3210 Ker

Citation : 2022 Latest Caselaw 3210 Ker
Judgement Date : 18 March, 2022

Kerala High Court

B Koyamma vs Union Of India on 18 March, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                       WP(C) NO. 28842 OF 2021


PETITIONER:

          B KOYAMMA, AGED 65 YEARS, S/O. (LATE) SAYED
          PANDARATHIL, BAPPATHIYODA HOUSE, ANDROTH ISLAND,
          UNION TERRITORY OF LAKSHADWEEP-682 551.

          BY ADVS.
          G.P.SHINOD
          GOVIND PADMANAABHAN
          AJIT G ANJARLEKAR
          ATUL MATHEWS


RESPONDENTS:

    1     UNION OF INDIA, REPRESENTED BY THE SECRETARY,
          GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
          NORTH BLOCK, NEW DELHI-110 001.

    2     UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY THE
          ADMINISTRATOR, KAVARATTI ISLAND, UNION TERRITORY OF
          LAKSHADWEEP-682 555.

    3     THE COLLECTOR, UNION TERRITORY OF LAKSHADWEEP,
          KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP
          -682 555.

    4     THE SECRETARY (REVENUE), UNION TERRITORY OF
          LAKSHADWEEP, KAVARATTI ISLAND, UNION TERRITORY
          OF LAKSHADWEEP-682 555.

    5     THE DEPUTY COLLECTOR AND SUB-REGISTRAR
          ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP
          -682 551.

    6     BLOCK DEVELOPMENT OFFICER, ANDROTH ISLAND, UNION
          TERRITORY OF LAKSHADWEEP-682 551.

    7     THE SECRETARY, LEGISLATIVE DEPARTMENT, MINISTRY OF
          LAW AND JUSTICE, 3RD FLOOR, 'C' WING, LOK NAYAK
          BHAWAN, KAHAN MARKET, NEW DELHI-110 003.
 WPC 28842/21
                                        2

             BY ADVS.
             K.S.PRENJITH KUMAR
             SHRI.SAJITH KUMAR V., SC,
             SMT. MABLE C. KURIAN SR .G.P


      THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   18.03.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 28842/21
                                    3

                             JUDGMENT

The petitioner makes a singular plea that the 6th respondent

be directed to take up and dispose of Ext.P7 within a time frame

to be fixed by this Court.

2. Sri.Ajit G. Anjarlekar - learned counsel for the

petitioner, explains that his client has been constrained to

approach this Court since the 6 th respondent has refused to

that his action can only be seen to be illegal and unlawful.

3. In response, the learned Standing Counsel for the

respondents - Sri.Sajith Kumar, submitted that the petitioner's

request as made in Ext.P7 can certainly be considered by the

competent Authority, but pointed out that such Authority is not

the 6th but the 5th respondent. He added that, therefore, if this

Court is so inclined, the 6 th respondent can transmit Ext.P7

representation to the competent Authority and it can be then

disposed of in terms of law, however, praying that this Court

may not make any affirmative declarations on the entitlement of WPC 28842/21

the petitioner to any relief and leave it to the competent

Authority to take a final decision as per law.

In the afore circumstances, I direct the 6th respondent to

transmit Ext.P7 representation to the 5 th respondent; in which

event, the said Authority will dispose it of after affording the

petitioner an opportunity of being heard, thus culminating in an

appropriate order and necessary action thereon as expeditiously

as is possible, but not later than six weeks from the date of

receipt of a copy of this judgment.

Needless to say, since this Court has not entered into the

merits of any of the contentions of the petitioner, they will be

assessed and properly answered by the 5 th respondent while the

afore exercise is completed.

Sd/-

RR                                        DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 28842/21


               APPENDIX OF WP(C) 28842/2021

PETITIONER EXHIBITS
Exhibit P1         A TRUE COPY OF THE PROCEEDINGS DATED

9.9.1994 OF THE ASSISTANT SETTLEMENT OFFICER, ANDROTH WITH TYPED COPY. Exhibit P2 A TRUE COPY DOCUMENT NO:55/2006 DATED 27.4.2006 OF SRO, ANDROTH.

Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT FOR ONLINE TOKEN REGISTRATION DATED 16.8.2021 ISSUED TO MOHAMMED KHALEEL CHEKKIKULAM BY THE REGISTRATION DEPARTMENT.

Exhibit P4 A TRUE COPY OF THE ACKNOWLEDGEMENT FOR ONLINE TOKEN REGISTRATION DATED 16.8.2021 ISSUED TO ABDU SAMAD ACHAMMADA BY THE REGISTRATION DEPARTMENT.

Exhibit P5 A TRUE COPY OF THE FAIR COPY OF THE DOCUMENT THAT IS INTENDED TO BE REGISTERED.

Exhibit P6 A TRUE COPY OF THE ACKNOWLEDGEMENT FOR ONLINE TOKEN REGISTRATION DATED 20.8.2021, ISSUED BY THE REGISTRATION DEPARTMENT.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 20.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE RELEVANT PART OF LACCADIVE, MINICOY AND AMMINDIVI ISLANDS LAND REVENUE AND TENANCY REGULATION, 1965.

Exhibit P9 A TRUE COPY OF THE PROCEEDINGS OF THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP DATED 19.8.1988.

Exhibit P10 A TRUE COPY OF THE OFFICE ORDER DATED 11.2.2013 ISSUED BY THE DEPUTY COLLECTOR (HQ), ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP.

Exhibit P11 A TRUE COPY OF THE NOTICE DATED 5.2.2019 ISSUED BY THE 3RD RESPONDENT/COLLECTOR WITH THE PRIOR APPROVAL OF THE 2ND RESPONDENT/ADMINISTRATOR.

Exhibit P12 A TRUE COPY OF THE NOTIFICATION DATED 18.3.2020 IN THE GAZETTE OF INDIA PERTAINING TO LACCADIVE, MINICOY AND AMMINDIVI ISLANDS LAND REVENUE AND TENANCY (AMENDMENT) REGULATION, 2020. WPC 28842/21

Exhibit P13 A TRUE COPY OF THE MINUTES OF THE 118TH MEETING HELD ON 27.8.2019 OF THE NATIONAL COMMISSION FOR SCHEDULED TRIBES.