Amanulla V.P vs Administrator. Union Territory Of ...
2024 Latest Caselaw 33631 Ker

Kerala High Court

Amanulla V.P vs Administrator. Union Territory Of ... on 21 November, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

WP(C) NO. 39055 OF 2024


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                                              2024:KER:87393




          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA,

                              1946

                  WP(C) NO. 39055 OF 2024

PETITIONER:

         AMANULLA V.P
         AGED 47 YEARS
         S/O HATHIM K.P, VELLIPURA (H),
         KAVARATTI ISLAND, LAKSHADWEEP,
         PIN - 682555


         BY ADVS.
         R.ROHITH
         HARISHMA P. THAMPI




RESPONDENTS:

    1    ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP
         KAVARATTI ISLAND, LAKSHADWEEP,
         PIN - 682555

    2    DISTRICT COLLECTOR,
         LAKSHADWEEP ISLANDS KAVARATTI ISLAND,
         LAKSHADWEEP, PIN - 682555

    3    DEPUTY COLLECTOR
         AGATTI ISLAND, LAKSHADWEEP,
         PIN - 682553
 WP(C) NO. 39055 OF 2024


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                                                    2024:KER:87393



    4       BLOCK DEVELOPMENT OFFICER.
            AGATTI ISLAND, LAKSHADWEEP.,
            PIN - 682553


            BY ADV K.S.PRENJITH KUMAR,CGC


     THIS    WRIT   PETITION   (CIVIL)     HAVING   COME   UP   FOR
ADMISSION ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 39055 OF 2024


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                         JUDGMENT

The petitioner preferred Ext.P3 statutory application for

diversion certificate under the Lakshadweep (Diversion of land

use) Rules, 2003, before the 3rd respondent for the construction

of temporary buildings for tourism purposes. The grievance of

the petitioner is that no action has been taken on Ext.P3

application, even though Exts.P4 and P5 reminders were given. It

is in these circumstances, the petitioner has approached this

Court.

Having heard Sri.R.Rohith, the learned counsel for the

petitioner and Sri.K.S.Prenjith Kumar, the learned CGC, this writ

petition is disposed of with a direction to the 3 rd respondent to

consider and dispose of Ext.P3 application, in accordance with

law, after hearing the petitioner, within a period of two months

from the date of receipt of a copy of this judgment.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) NO. 39055 OF 2024

2024:KER:87393

APPENDIX OF WP(C) 39055/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE REGISTERED DEED NO.

54/2023 BI OF AGATTI SUB DIVISIONAL OFFICE

EXHIBIT P2 A TRUE COPY OF THE POSSESSION CERTIFICATE IN F.NO. 30/01/2022/DC-LAND (AGT)10 ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE PETITIONER AND OTHERS

EXHIBIT P3 A TRUE COPY OF THE STATUTORY APPLICATION DATED 29/11/2023 FOR DIVERSION CERTIFICATE PREFERRED BY THE PETITIONER ALONG WITH OTHER CO-OWNERS OF THE LAND BEFORE THE 3RD RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 12/08/2024 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 12/08/2024 PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT