Kasmi Aliyammakkada vs Union Territory Of Lakshadweep
2024 Latest Caselaw 26328 Ker

Kerala High Court

Kasmi Aliyammakkada vs Union Territory Of Lakshadweep on 3 September, 2024

Author: Amit Rawal

Bench: Amit Rawal

WP(C) NO. 16832 OF 2024          1


                                             2024:KER:66834
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR. JUSTICE AMIT RAWAL

                             &

          THE HONOURABLE MR. JUSTICE EASWARAN S.

TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                 WP(C) NO. 16832 OF 2024

PETITIONER/S:

         KASMI ALIYAMMAKKADA
         AGED 65 YEARS
         S/O THANGAKOYA KUNNAM (LATE) ALIYAMMAKADA HOUSE
         KAVARATTI ISLAND, U.T OF LAKSHADWEEP, PIN -
         682555

         BY ADVS.
         LAL K.JOSEPH
         P.MURALEEDHARAN (THURAVOOR)
         T.A.LUXY
         SURESH SUKUMAR
         KOYA ARAFA MIRAGE
         ANZIL SALIM
         SANJAY SELLEN


RESPONDENT/S:

    1    UNION TERRITORY OF LAKSHADWEEP
         REPRESENTED BY ITS ADMINISTRATOR, OFFICE OF THE
         LAKSHADWEEP ADMINISTRATOR, KAVARATTI, PIN -
         682555

    2    THE LAND ACQUISITION COLLECTOR
         OFFICE OF LAND ACQUISITION COLLECTOR
         COLLECTORATE, KAVARATTI, UNION TERRITORY OF
         LAKSHADWEEP,
         PIN - 682555
 WP(C) NO. 16832 OF 2024              2


                                               2024:KER:66834
    3       THE SUPERINTENDING ENGINEER
            OFFICE OF LAND ACQUISITION COLLECTOR
            COLLECTORATE, KAVARATTI, UNION TERRITORY OF
            LAKSHADWEEP,
            PIN - 682555

    4       THE LAKSHADWEEP STATE WAQF BOARD
            KAVARATTI, U.T.OF LAKSHADWEEP,
            REPRESENTED BY CHIEF EXECUTIVE OFFICER,
            PIN - 682555


            BY ADV SAJITH KUMAR V.


        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 16832 OF 2024                 3


                                                           2024:KER:66834

            AMIT RAWAL & EASWARAN S., JJ.
                 --------------------------------
                W.P.(C) No16832 of 2024
          ------------------------------------------
        Dated this the 3rd day of September, 2024

                             JUDGMENT

AMIT RAWAL, J.

1. The writ petition has been filed with the

following prayers :

1) To issue a Writ of Certiorari or any other appropriate Writ or Order quashing Exbt P1 and setting aside all proceedings pursuant to Ext. P1 notification to acquire the Waqf property,

li) To issue a Writ of Mandamus or any other appropriate Writ or Order directing the respondents to re align the development plan so as to preserve the Vadakkila Palli and minimize disturbance to the environment and the cultural and religious ethos of the island.

2. Ext.P1, according to the statement made by the

learned counsel representing the respondents, has been

withdrawn with a fresh notification.

2024:KER:66834

3. Learned counsel for the petitioner submitted that

the petitioner may be permitted to withdraw the writ petition

with liberty to challenge the same, in case something survives.

Ordered accordingly.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE NS

2024:KER:66834

APPENDIX OF WP(C) 16832/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTIFICATION WITH F.NO.34/14/2018-LR DATED 10.10.2022

Exhibit P2 THE TRUE COPY OF THE REPRESENTATION / OBJECTION DATED 08.12.2022 SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit P3 THE TRUE COPY OF THE FINAL REPORT ON SOCIAL IMPACT ASSESSMENT (SIA) DATED FEB 2022

Exhibit P4 THE TRUE COPY OF THE HEARING NOTICE F.NO.34/14/2018-LR(13)/22 DATED 05.01.2023 ISSUED BY THE 2ND RESPONDENT

Exhibit P5 THE TRUE COPY OF THE MINUTES OF THE 317TH MEETING OF THE LAKSHADWEEP STATE WAQF BOARD HELD ON 19TH OCT 2023 RECEIVED AS PER RTI

Exhibit P6 THE TRUE COPY OF THE ADVOCATE COMMISSIONER REPORT DATED 22/1/2024