Kerala High Court

Union Territory Of Lakshadweep vs Safiyulla C on 3 November, 2025

Author: Kauser Edappagath

Bench: Kauser Edappagath

R.P.No.1284/2025 in
WP(C) No.29112/2024


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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947

                        RP NO. 1284 OF 2025

         AGAINST THE JUDGMENT DATED 27.11.2024 IN WP(C) NO.29112
                  OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS:

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

     2      THE DISTRICT COLLECTOR (LA)
            UNION TERRITORY OF LAKSHADWEEP LAKSHADWEEP
            ADMINISTRATOR, COLLECTORATE,
            KAVARATTI, PIN - 682555

     3      THE SUB DIVISIONAL OFFICER
            KALPENI ISLAND,
            UNION TERRITORY OF LAKSHADWEEP, PIN - 682557

     4      THE REGISTRAR OF CO-OPERATIVE SOCIETIES
            KAVARATTI, UNION TERRITORY OF LAKSHADWEEP,
            PIN - 682555

     5      KALPENI ISLAND CO-OPERATIVE SUPPLY
            AND MARKETING SOCIETY LTD
            REPRESENTED BY ITS SECRETARY, KALPENI ISLAND,
            UNION TERRITORY OF LAKSHADWEEP, PIN - 682557

     6      THE DIRECTOR OF FOOD AND CIVIL SUPPLIES,
            KAVARATTI ISLAND,
            UNION TERRITORY OF LAKSHADWEEP, PIN - 682555

     7      THE EXECUTIVE ENGINEER,
            LAKSHADWEEP PUBLIC WORKS DEPARTMENT, KALPENI
            ISLAND, UNION TERRITORY OF LAKSHADWEEP,
            PIN - 682557
            BY ADV SRI.R.V.SREEJITH
 R.P.No.1284/2025 in
WP(C) No.29112/2024


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RESPONDENT/PETITIONER:

            SAFIYULLA C
            S/O.KADISHOMMABI C., CHERIYAM HOUSE, KALPENI
            ISLAND, U.T. OF LAKSHADWEEP, PIN - 682557

            BY ADV.SRI.LAL K.JOSEPH

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 R.P.No.1284/2025 in
WP(C) No.29112/2024


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                                    O R D E R

This review petition has been filed to review the judgment

dated 27/11/2024 in WP(C) No.29112/2024.

2. The review petitioners are the respondents in the writ

petition, and the respondent herein is the petitioner therein. The

respondent's mother transferred the property measuring 450 sq.

metres, situated in Sy. No. 309/2A/15 of Kalpeni Island belonged to

her, to the 5th review petitioner for constructing a gas godown,

based on an agreement that she would be paid double the

prevailing government rate as compensation. Pursuant to this

agreement, the 5th review petitioner took possession of the

property. As the compensation was not paid, the respondent's

mother approached this Court by filing WP(C) No. 31764/2018. This

Court disposed of the writ petition on 21 st August 2019, directing

respondents 1 to 3 therein to pay compensation to the

respondent's mother in accordance with the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act (referred to as 'Act 30 of 2013'), within three

months. This directive was also not complied with. Subsequently,

the respondent's mother passed away. After her death, the

respondent, as her legal heir, approached this Court by filing WP(C) R.P.No.1284/2025 in

2025:KER:83335

No. 29112/2024, seeking, among other things, a direction for the

respondents to pay the compensation as mandated in the

judgment in WP(C) No.31764/2018. During the pendency of the

writ petition, the review petitioners decided to acquire the land

under Act 30 of 2013 for establishing a gym under the Department

of Sports and Youth Affairs. A notification regarding this was issued

under Section 4(1) of Act 30 of 2013. Subsequently, the writ

petition [WP(C) No.29112/2024] was disposed of by this Court with

the following directions:-

"(a) The respondents shall complete the acquisition proceedings in accordance with law, pursuant to Ext.R2(b) notification as early as possible.

(b) The respondents shall also determine the compensation in accordance with the 2013 Act and the same shall be paid to the petitioner.

(c) The respondents shall pay rent to the petitioner for the use and occupation of the land right from 2005 to 30.11.2024, as per the rate fixed in the three notifications mentioned above, deducting Rs.9,000/- already paid. The same shall be paid within three months from the date of receipt of a copy of this judgment.

(d) After passing of the award, the respondents shall comply with Section 41(6) of the 2013 Act."

Now, the respondents in the writ petition have filed this review

petition to review the judgment on the ground that the land in

question is a pandaram land and the ownership of pandaram land

vests only with the Government, and occupants are only cowledars

and they don't have ownership at all. It is alleged that the land R.P.No.1284/2025 in

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acquisition proceedings were initiated without verifying the original

land records; hence, an error is apparent on the face of the

records. The review petitioners relied on Annexures 2 and 3 to

contend that the land in question is a pandaram land.

3. The respondent filed a detailed counter-affidavit opposing

the review petition. It is contended in the counter affidavit that

there is apparently no ground for reviewing the judgment, and the

plea of pandaram land now raised by the review petitioners is an

afterthought, concocted to evade payment of compensation due to

the respondent. It is further contended that the property

exclusively belongs to the respondent and is in possession of the

respondent and it has never been treated as a pandaram land. The

annexures produced along with the review petition to contend that

the property is a pandaram land have been specifically disputed.

The respondent sought dismissal of the review petition.

4. I have heard Sri.R.V.Sreejith, the learned Standing Counsel

for the review petitioners and Sri.Lal K.Joseph, the learned counsel

for the respondent.

5. It is admitted that pursuant to the judgment of this court,

the review petitioners proceeded with the land acquisition

proceedings. The direction in the judgment to pay rent to the

respondent was also complied with. In the meanwhile, the

respondent approached this court by filing CO(C) No.1674/2025, R.P.No.1284/2025 in

2025:KER:83335

complaining of non-completion of land acquisition proceedings.

During the pendency of the contempt case, a personal negotiation

was done and a consented amount was arrived at. It is submitted

that the compensation amount was deposited before the Land

Acquisition Reference Court, Kavaratti.

As stated already, as early as on 2005, the respondent's

mother entered into an agreement with the 5 th review petitioner

whereby she handed over the property to the latter for the

construction of a gas godown. In the said agreement, it is admitted

that the property belonged to the respondent's mother exclusively.

Right from 2005 till 2025, the review petitioners had no case that it

was a pandaram land. On the other hand, they have admitted the

title of the respondent and his mother. In WP(C) No. 31764/2018,

and in WP(C) No.29112/2024, the review petitioners had admitted

the title of the respondent and his predecessor. In those

proceedings also, the review petitioners had no case that the

property was a pandaram land. WP(C) No.29112/2024 has been

filed with a prayer to pay the compensation as directed by this

Court in the judgment in WP(C) No. 31764/2018. Hence, the

question whether the property is a pandaram land or not does not

arise for consideration at all. That question was not a subject

matter either in WP(C) No. 31764/2018 or in WP(C) No.

29112/2024. Therefore, the review petitioners cannot seek a R.P.No.1284/2025 in

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review to agitate the question whether the property is a pandaram

land or not. No ground for review has been made out. If at all the

review petitioners have a case that it is a pandaram land, it is up to

them to initiate appropriate legal proceedings to resume the same.

The said question cannot be adjudicated in this review petition. I

see no merit in the review petition and, accordingly, it is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE Rp R.P.No.1284/2025 in

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PETITIONER ANNEXURES

Annexure 1 TRUE COPY OF THE ORDER DATED 21.08.2025 IN CON.CASE NO.1674/2025 IN

Annexure 2 TRUE COPY OF THE PROCEEDINGS DATED 16.09.2025 OF THE RECORD OF HEARING PROCEEDINGS HELD ON 10.09.2025 FOR NEGOTIATION ON THE CONSENTED AMOUNT Annexure 3 TRUE COPY OF THE LAND RECORDS OF ORIGINAL LAND OF 1939 Annexure 4 TRUE COPY OF THE RELEVANT EXTRACT OF THE LAND RECORDS OF ORIGINAL LAND OF 1967 DATED NIL.

Annexure 5 TRUE COPY OF THE REPORT NO. F.NO 14.05.2005- SPO(KLP) DATED 07.11.2024

RESPONDENT ANNEXURES

Annexure R1 The true copy of the judgment dated 21.08.2019 in WP(C) No.31764 of 2018 passed by the Hon'be High Court of Kerala Annexure R2 True copy of the notice dated 06.07.2024 issued by the Deputy Collector, Kalpeni in respect of the Pandaram Land Annexure R3 True copy of the notice dated 21.07.2024 issued by the Deputy Collector, Kalpeni in respect of the Pandaram Land Annexure R4 True copy of the list published by the District Collector of Pandaram Land dated 27.06.2024 Annexure R5 True copy of the Ownership Certificate issued by Sub Divisional Officer, Kalpeni Island Annexure R6 True copy of the interim order dated 14.08.2025 in Contempt Case (C) No. 1674 OF 2025.

Annexure R7 True copy of the counter affidavit was filed by the District Collector dated 16.08.2025 in Contempt Case (C) No. 1674 OF 2025.

Annexure R8 True copy of the order dated 21.08.2025 in Con. Case 1674 of 2025 R.P.No.1284/2025 in

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Annexure R9 True copy of a Cowle Agreement by virtue of which Pandaram Land are allotted to Cowles dated 27.04.1931.

Annexure R10 True copy of the circular in F.No. D(P)GSI/CHQ/Misc./2/2013 dated 02.06.2015 issued by the Government of India, Geological Survey of India, Ministry of Mines