IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 36098 of 2004(V) -------------------------- OS.8/1994 of MUNSIFF COURT, AMINI .................... PETITIONER(S): --------------- PUTHILLAM RASHEED S/O. PUTHILAM NAFEESA, AGED 29, ELECTRICITY DEPARTMENT, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.K.JAYAKUMAR, SENIOR ADVOCATE SRI.P.B.KRISHNAN SRI.HARISH R. MENON RESPONDENT(S): --------------- 1. PUTHILLAM HAMZA, S/O. PUTHILLAM ATHI, FARMER, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 2. PUTHILLAM PATHUMMABI D/O. PUTHILLAM ATHI, HOUSE WIFE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 3. PUTHILLAM CHERIYAKOYA, S/O. PUTHILLAM AYSHA, FARMER, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP 4. PUTHILLAM NAFEESA D/O. PUTHILLAM AYSHA, HOUSE WIFE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 5. PUTHILLAM SARABI D/O. PUTHILLAM AYSHA, HOUSE WIFE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 6. PUTHILLAM KUNHI S/O. PUTHILLAM AYSHA, FARMER, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 7. PUTHILLAM SHEEMA D/O. PUTHILLAM AYSHA, BALAVADI TEACHER, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 8. PUTHILLAM HAMARUNNISA D/O. PUTHILLAM AYSHA, HEALTH WORKER, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 9. PUTHILLAM THANGAKOYA S/O. PUTHILLAM SARABI, MECHANIC, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 10. PUTHILLAM HIDAYATHULLAKHAN, S/O. PUTHILLAM SARABI, STUDENT, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 11. PUTHILLAM JAWAHARATH (MINOR) AGED 17, REPRESENTED THROUGH GUARDIAN AND MOTHER, PUTHILLAM SARABI, RESPONDENT NO.5 ABOVE. 12. PUTHILLAM FARIDHA (MINOR) AGED 12, REPRESENTED THROUGH GUARDIAN AND MOTHER, PUTHILLAM SHEEMA, RESPONDENT NO.7 ABOVE. 13. PUTHILLAM SHAFEEQUE (MINOR) AGED 9, REPRESENTED THROUGH GUARDIAN AND MOTHER PUTHILLAM SHEEMA, RESPONDENT NO.7 ABOVE. 14. PUTHILLAM SAJITHA (MINOR) AGED 5, REPRESENTED THROUGH GUARDIAN AND MOTHER, PUTHILLAM SHEEMA, RESPONDENT NO.7 ABOVE. 15. PUTHILLAM ABIDA (MINOR) AGED 2, REPRESENTED THROUGH GUARDIAN AND MOTHER, PUTHILLAM SHEEMA, RESPONDENT NO.7 ABOVE. 16. PUTHILLAM ABOOSALAKOYA, (MINOR) AGED 3, REPRESENTED THROUGH GUARDIAN AND MOTHER, ILLAMARUNNISA, RESPONDENT NO.8 ABOVE. 17. PUTHILLAM SAYED BUHARI, S/O. PUTHILLAM SAKEENA, TEACHER, AMINI ISLAND. 18. PUTHILLAM SIRAJ, S/O. PUTHILLAM SAKEENA, FARMER, AMINI ISLAND. 19. PUTHILLAM NALLAKOYA S/O. PUTHILLAM PATHUMMABI, WORKING IN GOVT.PRESS, AMINI ISLAND. 20. PUTHILLAM AHAMED, S/O. SPUTHILLAM PATHUMMABI WORKING AS MECHANIC, AMINI ISLAND. 21. PUTHILLAM HAJARA D/O. PUTHILLAM PATHUMMABI, HOUSE WIFE, AMINI ISLAND. 22. PUTHILLAM ASHRAF S/O. PUTHILLAM PATHUMMABI, AMINI ISLAND. 23. PUTHILLAM ASMA D/O. PUTHILLAM PATHUMMABI, AMINI ISLAND. 24. PUTHILLAM FATHAHULLA, S/O. PUTHILLAM PATHUMMABI, WORKING AS MECHANIC, AMINI ISLAND. 25. PUTHILLAM ABOOHASHIM, AGED 5, (MINOR) REPRESENTED THROUGH GUARDIAN AND MOTHER, PUTHILLAM HAJARA, RESPONDENT NO.21 ABOVE. 26. PUTHILLAM SAMAD AGED 2, (MINOR), REPRESENTED THROUGH GUARDIAN AND MOTHER, PUTHILLAM HAJARA, RESPONDENT NO.21 ABOVE. 27. PUTHILLAM MOHAMMED JASEEM, AGED 1 (MINOR) RESPRESENTED THROUGH GUARDIAN & MOTHER, PUTHILLAM ASMA, RESPONDENT NO.23. 28. KOMBAM SAINABA, W/O. PUTHILLAM ABDULKADER, HOUSE WIFE, AMINI ISLAND. 29. KOMBAM MUTHUKOYA S/O. PUTHILLAM ABDULKADER, BOAT LASCER, AMINI ISLAND. 30. KOMBAM HAVVA, D/O. PUTHILLAM ABDULKADER, HOUSE WIFE, AMINI ISLAND. 31. KUNNIYATHAMKAKADA MARIYOMMABi W/O. PUTHILLAM MOHAMMED, HOUSE WIFE, AMINI ISLAND. 32. KUNNIYATHAMKAKADA AHAMED, S/O. PUTHILLAM MOHAMMED MUSLIYAR, GOVT.SERVANT KADMAT, AMINI ISLAND. 33. KUNNIYATHAMKAKADA NAZER S/O. PUTHILLAM MOHAMMED MUSLIYAR, GOVT.SERVANT, AMINI ISLAND. 34. KUNNIYATHAMKAKADA SALMABI D/O. PUTHILLAM MOHAMMED MUSLIYAR, HOUSE WIFE, AMINI ISLAND. 35. KUNNIYATHAMKAKADA HAMEEDATHBI D/O. PUTHILLAM MOHAMMED MUSLIYAR, HOUSE WIFE, AMINI ISLAND. 36. PUTHILLAM MUTHuKOYA S/O. PUTHILLAM NAFEESA, COCONUT FARMER, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 37. PUTHILLAM SUHARA D/O. PUTHILLAM NAFEESA, HOUSE WIFE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 38. PUTHILLAM CHERIYABI D/O. PUTHILLAM NAFEESA, HOUSE WIFE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 39. PUTHILLAM ATTABI D/O. PUTHILLAM NAFEESA, HOUSE WIFE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 40. PUTHILLAM AYSHABI (MINOR) AGED 12 YEARS, D/O. PUTHILLAM NAFEES, STUDENT, REPRESENTED THROUGH NOORUMMECHETTA ABOOSALA, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP. 41. PUTHILLAM SAFARULLAKHAN, S/O. PUTHILLAM SUHRA (MINOR) AGED 4, REPRESENTED THOUGH GUARDIAN KILICHODA AHAMED, AMINI ISLAND. 42. PUTHILLAM MASEENA D/O. PUTHILLAM SUHRA (MINOR) AGED 2, REPRESENTED THROUGH GUARDIAN KILICHODA AHAMED, AMINI ISLAND. 43. PUTHILLAM MUBEENA D/O. PUTHILLAM SUHRA (MINOR) AGED 5 MONTH, REPRESENTED THROUGH GUARDIAN KILICHODA AHAMED, AMINI ISLAND, (RESPONDENTS 36 TO 43 ARE PETITIONERS NO.2 TO 9 IN I.A.NO.28/2004). ADDL. RESPONDENTS 44, 45, 46, 47 AND 48 ARE IMPLEADED. ADDL.44. FARIS AHAMED, S/O. PUTHILLAM JOWHARATH, MINOR AGED 2 MONTHS, REISDING IN AMINI ISLAND, U.T. OF LAKSHADWEEP, REPRESENTED BY GUARDIAN HIS GRNDMOTHER PUTHILLAM SARAI IN DO. DO. IMPLEADED AS PER ORDER IN IA.6808/08 DT.13/10/2010. ADDL. 45. POLAKKADAM AMINOMMA, W/O.LATE PUTHILLAM HAMZA, AGED 65, P.O. AMINI DWEEP, AMINI, U.T. OF LAKSHADWEEP. ADDL.46. POLAKKADAM JAFFER, S/O.DO. AGED 45, GOVT. SERVANT IN DO. DO. ADDL.47. POLAKKADAM SYED, S/O. DO. AGED 43, GOVT. SERVANT IN DO. ADDL.48. POLAKKADAM MARIYOMMABI, D/O. DO. AGED 36 IN DO. DO. ADDL. R45 TO R48 IMPLEADED AS PER ORDER IN IA.1222/10 DT. 13/10/2010. ADV. SRI.P.R.VENKITESH FOR R1,2,7 SRI.M.P.SREEKRISHNAN FOR R1,7,8,12,13 SRI.M.P.SREEKRISHNAN FOR R15-28,30-36 SMT.SHAHNA KARTHIKEYAN FOR R1,7,8,12,13 SMT.SHAHNA KARTHIKEYAN FOR R15-28,30-36 SRI.V.ARUN FOR R1,7,8,12,13 SRI.V.ARUN FOR R15-28,30-36 SMT.SHAHNA KARTHIKEYAN FOR R45-48 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC.36098/2004) ..... EXT.P1: TRUE COPY OF APPLICATION DT. 25/8/2004 IN IA.28/2004. EXT.P2: TRUE COPY OF ORDER DT. 27/9/2004 IN IA.28/2004. A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C)No. 36098 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2010 Judgment Basheer, J: The grievance of the petitioner is that the Munsiff Court, Amini was not justified in imposing or incorporating a rider, while allowing the amendment petition, that the amendment shall not have any retrospective effect. 2. The suit has been instituted by the petitioner for a declaration that the plaint schedule properties are tharwad Velliyazhcha properties of Puthillam thavazhi of the Palalam tharwad and defendants 1 to 3 and supplemental defendants 31 to 38 have no right to transfer, alienate or encumber the same. There is a further prayer for grant of a decree of prohibitory injunction restraining the above defendants from alienating the property or creating any document regarding the same. 3. The amendment sought for was to add a prayer for declaration that document No.78/80 (Ext.A68) is null and void ab initio and that the said document is against the customs prevailing in Amini Island. 4. We have carefully perused Ext.P2 order which is WPC.36098/2004. : 2 : sought to be quashed in this writ petition. Having perused the entire materials available on record, especially the order impugned, we are satisfied that the learned Munsiff was not justified in holding that the amendment shall not have any retrospective effect. The said condition is totally unwarranted and unsustainable. Therefore Ext.P2 order to the extent it imposes a condition that the amendment shall not have retrospective effect is set aside. Amendment Petition is allowed as prayed for. Writ Petition is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.