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
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
