IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 OP.No. 1309 of 2001(E) -------------------------------- PETITIONER: ------------------- ATTBI, MOOPANAKADIYODA, KILTAN, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, KUNNASAPPURA MOHAMMED KOYA, S/O. ABDUL HAMEED HAJI, KILTAN ISLAND, U.T. OF LAKSHADWEEP. BY ADV. SRI.T.H.ABDUL AZEEZ, ADV. SMT.M.ISHA. RESPONDENTS: ----------------------- 1. THE ADDITIONAL SUB DIVISIONAL OFFICER, KILTAN ISLAND, U.T. OF LAKSHADWEEP. 2. THE ASSISTANT ENGINEER (ELECTRICITY), ELECTRICAL SUB DIVISION, KILTAN. 3. N. KASIMKOYA, NADUMTHIRUV, KILTAN ISLAND, U.T. OF LAKSHADWEEP. 4. MOHAMMED SALEEM, MALIKA, KILTAN ISLAND, U.T. OF LAKSHADWEEP. 5. JAFFERKHAN, MALIKA, KILTAN ISLAND, U.T. OF LAKSHADWEEP. 6. MOHAMMED SALAM MALIKA, KILTAN ISLAND, U.T. OF LAKSHADWEEP. R1 & R2 BY ADV. SRI.P.R.RAMACHANDRA MENON,SC,LAKSHADWEEP, R3 TO R6 BY ADV. SRI.K.M.MOHAMMED KUNHI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 1309/2001-E: ORDER ON C.M.P. NO. 2138/2001 IN O.P. NO. 1309/2001-E DISMISSED 03/12/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE OWNER CERTIFICATE ISSUED BY R.1. TO PETITIONER DT. 24/10/98 F.NO.7/3/93 - ASDO (KTN). EXT.P.2: COPY OF THE ORDER ISSUED BY ADMINISTRATION OF THE U.T. OF LAKSHADWEEP DT. 13/10/99 F. NO.688/98 - ELE. EXT.P.3: COPY OF THE CERTIFICATE ISSUED BY R.1. TO PETITIONER DT. 23/05/2000 F. NO. 07/03/93 - ASDO (KTN). EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE R.1. EXT.P.5: COPY OF THE LETTER DTD. 15/12/2000 NO.F.22/01/84 - ASDO (KTN) (2) ISSUED BY R.1. TO R.2. RESPONDENTS' EXHIBITS: EXT.R1: COPY OF THE ORDER BEARING F.NO.1/1/90 - ASO - RT NO.697 DTD. 09/07/90 OF THE ASST. SETTLEMENT OFFICER, KILTAN. EXT.R2: COPY OF THE LETTER F.NO.13/20/00 - LR DTD. 26/09/00 OF THE DEPUTY COLLECTOR (H.Q) WITH COPY OF THE PETITION DTD. 13/09/00 SUBMITTED BY SRI. NEDUNTHIRU KASMI KOYA OF KILTAN. EXT.R3: COPY OF THE LETTER F.NO.22/1/84 - ASDO (KTN) (2) DTD. 15/12/00 OF THE R.1. EXT.R3.A: COPY OF THE ORDER OF THE A.S.O. KILTAN IN F.NO.1/1/90 ASO RP.NO.697 DTD. 09/07/90. //TRUE COPY// P.S. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.1309 of 2001-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008. JUDGMENT The sole dispute in this original petition is the entitlement to receive ground rent payable by the second respondent for use of certain land comprised in Sy.Nos.80/1 and 80/3 of Kiltan Island. The petitioner claims that 190 sq. meters and 140 sq. meters of land in the above two survey numbers are owned and possessed by the petitioner. The land owners were being paid rent for use of the land by the Electricity Department, Kavaratti for keeping of 11SD empty barrels, storage tanks, dismantled engines, etc. The petitioner was getting the ground rent in respect of the lands in Sy. Nos.80/1 and 80/3 of Kiltan Island. It appears that respondents 3 to 6 made a claim before the first respondent in respect of the land comprised in Sy. No.80/1. The petitioner was asked to appear before the first respondent on 19.10.2000 and he filed Ext.P4 representation praying that the false claim made by respondents 3 to 6 in respect of the land in Sy. No.80/1 may be rejected. In the meanwhile, the first respondent, the Addl. Sub Divisional Officer, Kiltan Island, issued Ext.P5 directing the Asst. Engineer, Electricity Department not to pay the amount of ground rent in respect of Sy. No.80/1 to the petitioner, since the matter is being enquired. This is under challenge in this original petition. 2. The parties have filed their counter affidavits. In the counter affidavit filed by the first respondent, it is stated that originally the land was owned by the mother of the petitioner. The ownership certificate was issued to the petitioner after due enquiry by the first respondent, on 23.5.2000 for obtaining rent from the Electricity Department. It appears that as per Ext.R3, the opposing claimants have raised a claim before the first respondent in respect of the said land. Based on Ext.R3, the payment was stopped temporarily. 3. The counter affidavit reveals that the first respondent has issued notice to the persons to find out the genuineness of the claim. Learned counsel for the petitioner submitted that his party had appeared before the first respondent. 4. In view of the above state of affairs, it is up to the first respondent to take a decision in the matter after hearing the parties, including the petitioner. The respective claims of the parties will be enquired into and the claim for ownership raised by the petitioner for the land in Sy. No.80/1 will have to be verified and appropriate direction shall be issued to the second respondent after conducting due enquiry. Depending upon the outcome of the said enquiry, the second respondent will effect payment of ground rent including arrears to the true owner as found out by the first respondent. Since the matter has been pending before this court for the last seven years, the first respondent will finalise the proceedings within a period of four months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.1309 of 2001-E - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd December, 2008.