IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 9706 of 2007(E) ------------------------- PETITIONER(S): --------------- 1. M.P.LIYAKATH ALI, S/O.K.CHERIYA KOYA, SHALAPPADA HOUSE, KAVARATTI, U.T.OF LAKSHADWEEP. *ADDITIONAL PETITIONERS 2-4 IMPLEADED 2. M.D. RASHEEDA, D/O. K. CHERIYA KOYA, AGED 37, RESIDING AT SHALAPPADA HOUSE, KAVARATTI, U.T.OF LAKSHADWEEP. 3. ARAKKULAM KAMARUNNISSA, W/O. LATE M.P. LIKAYATH ALI, AGED 38, RESIDING AT SHALAPPADA HOUSE, KAVARATTI, U.T.OF LAKSHADWEEP. 4. ASIF, S/O. ARAKKULAM KAMARUNNISSA, AGED 16 YEARS, RESIDING AT SHALAPPADA HOUSE, KAVARATTI, U.T.OF LAKSHADWEEP, REPRESENTED BY HIS MOTHER AND GUARDIAN, APPLICANT NO.2. ADDITIONAL PETITIONERS 2-4 IMPLEADED AS PER ORDER DATED 18/10/07 IN I.A. 13683/07. BY ADVS. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENT(S): --------------- 1. THE UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY ITS ADMINISTRATOR, KAVARATTI, U.T.OF LAKSHADWEEP. 2. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, KAVARATTI, U.T. OF LAKSHADWEEP. 3. THE SUB DIVISIONAL OFFICER-CUM-EXECUTIVE MAGISTRATE, KAVARATTI, U.T. OF LAKSHADWEEP. 4. THE CIRCLE INSPECTOR OF POLICE, KAVARATTI, U.T. OF LAKSHADWEEP. 5. THE SUB INSPECTOR OF POLICE, KAVARATTI, U.T.OF LAKSHADWEEP. WP(C).No. 9706 of 2007(E) 6. SHRI.T.CHERIYA KOYA, SUB-DIVISIONAL OFFICER-CUM-EXECUTIVE MAGISTRATE, KAVARATTI, U.T.OF LAKSHADWEEP. 7. P.P.RAZIYA BEEGUM, MEMBER, VILLAGE (DWEEP) PANCHAYATH, KAVARATTI, U.T. OF LAKSHADWEEP. 8. SAFIYA MELACHODAN, KAVARATTI, U.T. OF LAKSHADWEEP. ADV. SRI.SHAFIK M.ABDULKHADIR,SC,LAKSHADWEEP FOR R1TO5 SRI.K.K.MOHAMED RAVUF FOR R7 TO 8 SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON 31/05/2011 DELIVERED THE FOLLOWING: WP(C).No. 9706 of 2007(E) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT LODGED BY RESPONDENT NO. 8 AND OTHERS. DATED 15.01.2007 P2: COPY OF THE COMPLAINT MADE BY JT. SECRETARY, JANATA DAL (UNITED) BEFORE RESPONDENT NO.3 DATED 20.01.2007. P3: COPY OF THE REPORT FILED BY AMIN DATED 05.02.2007. P4: COPY OF THE ORDER F.NO.10/11/2004-SDO(KVT) ISSUED BY RESPONDENT NO.3DATED 09.02.2007. P5: COPY OF THE INTIMATION LETTER SENT BY THE PETITIONERDATED 15.02.2007. P6:COPY OF THE PETITION FILED BY RESPONDENT NO.7 AND OTHERS BEFORE RESPONDENT NO.1 DATED 19.02.2007. P7: COPY OF THE NOTICE ISSUED BY RESPONDENT NO.3, DATED 21.02.2007. P8: COPY OF THE ORDER F.NO.1/2007-SDO(KVT) ISSUED BY RESPONDENT NO.3, DATED 26.02.2007. P9: COPY OF THE INTIMATION LETTER SENT BY THE PETITIONER TO RESPONDENT NO.3,DATED 28/02/2007. P10: COPY OF THE SHIP TICKETS DATED 05.03.2007. P11: COPY OF THE ORDER IN M.C. 1/2007, ISSUED BY RESPONDENT NO.3DATED 5.3.2007, P12: COPY OF THE CONSENT LETTER OBTAINED FROM THE ` PETITIONER DATED 5.03.2007. RESPONDENT'S EXHIBITS: R1: THE PHOTOSTAT COPY OF THE DIVERSION OF LAND USE RULE 2003 R2: THE PHOTOSTAT COPY OF THE EXTRACT OF THE LACCADIVE, MINICOY AND AMINI ISLAND LAND REVENUE AND TENANCY REGULATION 1965. R3: THE PHOTOSTAT COPY OF THE DETAILED REPORT F.NO.1.4.2006-OOA/C DATED 2.6.2007 SOUGHT BY THE IIND RESPONDENT FROM THE REGULAR AMIN. R4: THE PHOTOSTAT COPY OF THE SURVEY FIELD MEASUREMENT BOOK CERTIFIED BY THE BLOCK DEVELOPMENT OFFICER, COLLECTORATE, UTL, KAVARATHI. //TRUE COPY// SM P.A. TO JUDGE S. SIRI JAGAN, J --------------------------------------- WP(C) No. 9706 of 2007 --------------------------------------- Dated this the 31st day of May, 2011 JUDGMENT The petitioner claims to be the co-owner of certain extent of land in Kavarathy Island in the Union Territory of Lakshadeep. Petitioner has filed this Writ Petition on complaining that the respondents are trying to cut open the pathway through the petitioner's property. According to the petitioner, the petitioner has been issued with Ext.P4, P7, P8, P11 & P12 in the matter. Petitioner submits that the respondents have no manner of right or power to issue those orders. i. Issue of a writ of certiorari or any other appropriate writ, order or direction quashing Exts. P4, P7, P8, P11 and P12. ii.Issue a Writ of mandamus or any other appropriate writ, order or direction, directing the respondents to pay an amount of Rs. 5,00,000/- as a compensation for the violation of the fundamental rights and human rights of the petitioner. WP(C) No. 9706 of 2007 -: 2 :- iii.Issue a writ of mandamus or any other appropriate writ, order or direction restraining the respondents herein from cutting open a pathway through the property of the petitioner and his sister in Sy. No. 98/8 of Kavarathi Island; iv.grant the petitioner such other appropriate reliefs that this Hon'ble court may deem fit to granton the facts and in the circumstances of the case; and v. award to the petitioner the cost of this Writ Petition. A counter affidavit has been filed by the respondents 2 and 3 taking the stand that the land belongs to the Union territory and not to the petitioner. From the impugned orders also it is clear that the respondents 2 and 3 categorically hold that the property is Government land. Therefore, the issue and the dispute revolve round the question as to whether the land in question is government land or private land belonging to the petitioner. I do not think that such disputes can be agitated in WP(C) No. 9706 of 2007 -: 3 :- the Writ Petition. For resolving the dispute, the petitioner has to take recourse to the remedies available under the civil law by filing a civil suit before the appropriate Civil Court. Therefore, this Writ Petition is dismissed without prejudice to that right. S.SIRI JAGAN sm JUDGE