IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 37344 of 2010(P) -------------------------- PETITIONER(S): --------------- K.P.AHAMMED KUNHI KOYA,S/O.B.AHAMMED KUNHI, AGED 63 YEARS, KEELAPURA HOUSE, KILTAN ISLAND, U.T.OF LAKSHADWEEP, REP BY HIS POWER OF ATTORNEY HOLDER KEELAPURA MUHAMMED KOYA KILTAN ISLAND, U.T.OF LAKSHADWEEP. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.T.A.MOHAMMED SANOOJ RESPONDENTS: --------------- 1. THE UNION OF INDIA, REPRESENTED BY SECRTARY, MINISTRY OF HOME AFFAIRS, NEW DELHI.110001 2. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. 682555 3. THE DEPUTY COLLECTOR (HQ), (LAND ACQUISITION COLLECTOR) COLLECTORATE OF LAKSHADWEEP, KAVARATTI. 682555 4. SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, U.T.OF LAKSHADWEEP, KAVARATTI-682555 ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R2 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.37344 of 2010 ---------------------------------------- Dated 7th January, 2011 JUDGMENT The petitioner who is the eldest member of Keelapura Tharavadu in Kiltan Island of the Union Territory of Lakshadweep filed this writ petition feeling aggrieved and dissatisfied with the compensation for the property acquired for constructing Dak Bunglow and Medical Officers' Quarters from the property belonging to the Tharavadu known as `Chandathottam'. Evidently, in the year 1963 the property in question was acquired and thereafter two buildings viz., the Dak Bunglow and Medical Officers' Quarters were constructed thereon. Later, in the year 1977 an amount of Rs.11,270/- was awarded as compensation. However, feeling the amount awarded as too inadequate the petitioner refused to accept the amount. Admittedly, even after the acquisition of the said property the petitioner and the other members of the family are being permitted to take the usufructs. From 1.1.1970 the Land Acquisition Act, 1894 was made applicable in Lakshadweep. Thereupon, the petitioner and the other members of the family have approached the Deputy Collector for getting compensation. Since no action was taken on the application submitted by the petitioner and the other members of the WP(C).No.37344/2010 2 family, the petitioner approached this Court by filing W.P.(C)No.9852 of 2010. The said writ petition was disposed of as per Ext.P5 directing the third respondent to take a final decision on Exts.P1 and P2 referred thereunder in the light of Ext.P4 therein. In compliance with the directions in Ext.P5 judgment the third respondent has passed Ext.P6 order whereby the petition submitted by the petitioner and the other members of the family for enhanced rate of compensation by applying the Land Acquisition Act, 1894 and also to allow the land rent for the land taken from them in the year 1963 was rejected. It is challenging Ext.P6 order passed by the third respondent that this writ petition has been filed. 2. I have heard the learned counsel appearing on both sides. 3. The learned standing counsel appearing for the respondents submitted that in case the petitioner is aggrieved by Ext.P6 order passed by the third respondent, there is an appellate remedy under section 78 of the Lakshadweep Land Revenue and Tenancy Regulation Act. In view of the said position obtained in this case, without making any observation as to the merits of the contentions raised in this writ petition,it is disposed of as hereunder:- It will be open to the petitioner to approach the competent authority to entertain an appeal under section 78 of the Lakshadweep Land Revenue and Tenancy Regulation Act within three weeks from today. WP(C).No.37344/2010 3 In case the petitioner and the other members of the family prefer such an appeal against Ext.P6, the same shall be considered in accordance with law. This shall be done expeditiously, at any rate, within a period of two months from the date of filing of appeal/appeals against Ext.P6. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge