IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 28353 of 2004(A) -------------------------- PETITIONER(S): --------------- 1. SMT.REETHA RICHARD, W/O. LATE RICHARD D'COTHA, KANNASSERY HOUSE, 60 ACRES, MINICOY ISLAND, UNION TERRITTORY OF LAKSHDWEEP. 2. PAUL D'COTHA, S/O. LATE RICHER D'COTHA, KANNASSERY HOUSE, 60 ACRES, MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.K.L.JOSEPH SMT.P.SAREENA GEORGE RESPONDENT(S): --------------- 1. DEPUTY COLLECTOR, MINICOY, UNION TERRITORY OF LAKSHADWEEP. 2. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTY-675 559. ADV. SRI.SHAFIK M.ABDULKHADIR,SC,LAKSHADWEEP FOR R1 & R2 SRI.P.R.RAMACHANDRA MENON,SC,LAKSHADWEE FOR R1,2 SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).28353/04 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:-TRUE COPY OF LETTER DT.22.11.71 BEARING NO.SB-2/2155/70 ISSUED FROM THE SECRETARY SS & A BOARD, TVM. EXT.P2:-TRUE COPY OF LETTER DT.5.2.72 BEARING NO.SB2-2155/70 ISSUED BY THE SECRETARY SS&A BOARD. EXT.P3:-TRUE COPY OF OFFICE MEMORANDUM DT.14.3.72 BEARING NO.45/71 ISSUED BY THE SECRETARY ADMN. OF UNION TERRITORY AND LAKSHADWEEP. EXT.P4:-TRUE COPY OF LETTER DT.22.3.72 ISSUED FROM THE SECRETARY SS&A BOARD. EXT.P5:-TRUE COPY OF REPRESENTATION DT.16.1.91 FROM THE 1ST PETITIONER. EXT.P6:-TRUE COPY OF LETTER DT.1.6.04 ISSUED BY THE DY.COLLECTOR. RESPONDENT'S EXHIBITS:- EXT.R1:- TRUE COPY OF CIRCULAR NO.SB/2/2155/70 DT.9.4.70 ISSUED BY STATE SSA BOARD, TVM. okb //True Copy// P.A. to Judge C.K.ABDUL REHIM, J. ------------------------------ W.P.(C)No. 28353 OF 2004 ------------------------------ Dated this the 24 th day of June, 2009 J U D G M E N T ---------------------- 1. Petitioners are the wife and son of a deceased Ex- serviceman, Mr. Richard D'cotha, who died on 7.8.1972. After retirement from Army, the SS&A Board, Thiruvananthapuram, had selected the deceased for settlement at Laccadive, Minicoy and Aminidiv Islands (LM&A Islands) in Union Territory of Laccadive, under a scheme for settlement of Ex-servicemen. By Ext.P1 he was intimated about the selection and the deceased was requested to furnish certain details. Thereafter through Ext.P2 his willingness to move with family on short notice to Islands, was ascertained. Further Ext.P3 letter was issued by the Secretary of the 2nd respondent, permitting the husband of the 1st petitioner to proceed to 'Minicoy' along with his family and to report before the Station House Officer, Minicoy on their arrival, within 24 hours. The Secretary of the State SS&A Board had thereafter issued Ext.P4 requiring the deceased Mr. Richard D'cotha to report at the Calicult office of the 2nd respondent on 24.3.1972 to enable to take him to the settlement area. Accordingly the entire family had moved to the Minicoy Island W.P.(C).28353/2004 2 during the year 1972 and settled there with effect from 24.3.1972 onwards. 2. It is submitted that after settlement in Minicoy in the year 1972, the family made cultivations in the surrounding land having extent of about 1 Acre, and various trees like coconut was planted therein. According to the petitioners, they were taking usufructs therefrom. But shortly after the settlement, the husband of the 1st petitioner died, on 7.8.1972. The grievance of the petitioners voiced in this writ petition is that, inspite of prolonged stay of the petitioner's family therein for more than 3½ decades, they were not issued with any document conferring title on the house and the property. According to the petitioners the area now in their occupation is having an extent of about 30 Cents. They have approached the 2nd respondent through Ext.P5 representation for granting 'pattayam' for the land, but no positive response received in this regard so far, is the complaint. 3. Ext.P5 is dated 16.1.1991. The petitioner had produced Ext.P6, copy of a message sent by the Deputy Collector of Minicoy to the Land Revenue Commissioner at Kavarathi. It is evident from Ext.P6, dated 1.6.2004, that the Land Revenue Commissioner was requested to take action to settle the issue after tracing out records pertaining to settlement of the deceased and also a copy of the scheme for settlement. But W.P.(C).28353/2004 3 nothing turned out so far, is the submission. 4. Heard the learned counsel appearing for the petitioners and the learned standing counsel appearing for the respondents. Along with the counter affidavit of respondents the relevant extract of the scheme, by which the settlement was effected, is produced as Ext.R1. Clause 4(a) of Ext.R1 reads as follows: “(a) Each settler will be provided with a house built by Government at cost of Rs.4150/-. 50% of the cost of each house will be treated as grant and the remaining 50% of the cost will be treated as loan which will be recovered from the settler in the form of rent at Rs.10/- per month. If the settler proves satisfactory, he may be allowed to enter into possession of the house after the loan has been fully repaid.” Relying on the above clause the respondents contended that there was no allotment of any land under the scheme and what was alloted is only a Quarter-- a house built by the Government at a cost of Rs.4150/-. It is contended that as per the scheme the allottee was bound to pay 50% of the cost through monthly rent @ Rs.10/-. But since the death of the allottee, the husband of the 1st petitioner, the said payment was not made so far. It is stated in the counter affidavit that the family of the allottee were permitted to stay therein even after death of the allottee, and that three of his children were given employment under the Administration, after providing free education. With respect to W.P.(C).28353/2004 4 Ext.P6 message it is stated that the Deputy Collector of Minicoy had suggested consideration to give 'pattayam' for the house allotted, and the matter is under examination. 5. Considering the rival contentions it is evident that inspite of settlement of the family of the Ex-serviceman in the year 1972 under the beneficiary scheme, and inspite of his death during that year itself, no fair and reasonable action was taken from the side of the authorities to assign his family members with the title of the house. The representations of the family members in this regard has not been dealt with any proper response, since the last more than three decades. From the contentions in the counter affidavit it seems that the only hurdle is for allotment of any land as claimed by the petitioner. But there is no convincing reason for denying ownership of the house to the legal heirs or dependents of the allotee. Eventhough it is contended that they have failed to remit 50% of the cost of the Quarter, amounting to Rs.4150/-, there is absolutely no contention nor any document to show that any demand for such payment was ever made, informing willingness of the authorities for allotment of the Quarter on payment of such amount. Therefore I am constrained to hold that there is laches or rather negligence on the part of the respondents in dealing with the long pending issue of a helpless widow of an Ex-serviceman, who W.P.(C).28353/2004 5 is settled in the Island far away from their native place. 6. Under the above circumstances it is only just and proper that the respondents should take immediate steps for issuance of necessary document conveying title of the Quarter allotted to Late Mr.Richard D'cotha, in favour of the 1st petitioner, after collecting 50% cost of the Quarter as prescribed under the clause 4(a) of Ext.R1 scheme. While making such conveyance the authority concerned should specify the extent of land in which the Quarter is situated, the ownership of which is being transferred. The 2nd respondent is hereby directed to complete the proceedings as above,as early as possible, at any rate within a period of six months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. C.K.ABDUL REHIM, JUDGE. okb