IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 OP.No. 25982 of 2002(R) -------------------------------- PETITIONER(S): ------------------------ YOUSAF ALI S/O. NALLAKOYA, RESIDING IN AMINI ISLAND, LAKSHADWEEP BY ADV. SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE SMT.PRABHA R.MENON SRI.PUSHPARAJAN KODOTH SRI.M.KRISHNAKUMAR SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------- 1. THE ASSISTANT SETTLEMENT OFFICER, AMINI ISLAND, LAKSHADWEEP 2. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP R1 & R2 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.44182/2002 IN OP.NO.25982/2002 DISMISSED 27/05/2010 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 8.8.02 ISSUED BY THE IST RESPONDENT AND IT IS NUMBERED AS 1380. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 25982 of 2002 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2010 J U D G M E N T There was a civil dispute between the petitioner and some others which was adjudicated in O.S. No.5/1996 on the files of the Munsiff's Court, Amini, Lakshadweep. The suit was in respect of 9 items of properties, for injunction against the defendants in the suit. That suit was decreed on 16.09.1998 in respect of item Nos. 1 to 5 and 9 of the plaint schedule and the prayer for injunction in respect of item Nos. 6, 7 & 8 was rejected. The petitioner filed an appeal before the District Court, Lakshadweep as A.S. No.2/99 which was dismissed on 14.12.2000. The petitioner filed a second appeal as S.A. No.368/2001 (number is wrongly shown as S.A. No.638/2001 in the O.P.) before this court. This original petition was filed at a time when that S.A. was still pending. The petitioner's grievance in this writ petition is that while that second appeal was pending, the respondents took steps to issue patta in respect of those O.P. No. 25982 of 2002 -2- properties to the defendants in the suit. Therefore the petitioner sought the following reliefs in the original petition: (i) to issue a writ of certiorari or any other appropriate writ order or direction and quash Exhibit P1 proceedings: (2) to issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents not to issue Pattayam in respect of the properties items 6,7 and 8 in O.S. 5/96 Munsiff's Court, Amini, Lakshadweep Islands which are comprised in Survey No.325/18, 364/7 and 355/2 respectively in Amini Island in the Lakshadweep 2. The parties now submit before me that the S.A. No.368/01 was settled between the parties in the Lok Adalath on 17.3.2007 and the Lok Adalath has passed an award in respect thereof. That being so, the matter has to be regulated by the award of the Lok Adalath and therefore the issue of patta can also be only in accordance with the award of the Lok Adalath. It is declared so and the original petition is disposed of accordingly. S. SIRI JAGAN JUDGE shg/