Disposed

Muhammed Rafi C.K v. Administrator

Kerala HC12 Jan 2021WP(C)/197/2021

Case brief

AI extract

What is this about?

This writ petition challenged an eviction notice issued to fishing community members for illegal constructions on government land. The court stayed the demolition, noting a subsequent notice was issued complying with procedural requirements under Rule 17, and directed the authority to consider objections and decide within two weeks.

What did the court decide?

Petition disposed; petitioners directed to submit objections to the 3rd respondent by 14.01.2021; 3rd respondent directed to consider objections and pass orders within two weeks under Rule 17.

Muhammed Rafi C.K Vs Administrator — Landlord and Tenant | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.197 OF 2021(Y)

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PETITIONERS:

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1 MUHAMMED RAFI C.K AGED 43 YEARS S/O. MULLAKKOYA .P.P., CHERIYA KOTTARAM (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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2 RAHMATHULLA.A.P. AGED 41 YEARS S/O. MUTHUKOYA .M.P., MOOLOKE PURA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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3 ANWAR.P. AGED 47 YEARS

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S/O. MUTHUKOYA.P., PALLICHA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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4 HAMSAT .U.P. AGED 46 YEARS S/O. BASHA, ULLIKANAPURAB (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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5 BASHEER.K.P. AGED 45 YEARS

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S/O. SHAMSAN.P.P., KUTTIPPAPAPURA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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6 THAJUDHEEN.U.P., AGED 43 YEARS S/O.AHMAD.C.S., UMPEPURA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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7 MULLAKOYA .U.P.

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AGED 45 YEARS

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S/O. UKKAS.K., UMPEPURA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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WP(C)No.197 of 2021

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8 SUNDHARIBI.P.S. AGED 46 YEARS D/O. AMMED.K., PUTHIYA SURAMBI ,(MULOKEPURA) (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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9 LIYATH ALI.A.P. AGED 48 YEARS S/O. USAF.P., ATHAMPAPEPURA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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10 MOHAMMED ALI.N.P. AGED 47 YEARS S/O. HAMSU.T.P., NALIYAMPURA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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11 BASHEER.K.P. AGED 41 YEARS S/O. MUTHUKOYA.K., KARICHIPARA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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12 JALEEL.M. AGED 47 YEARS S/O.KUNNIKOYA.K.P.,MUTHAMMADA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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13 ABDULHI.C.P., AGED 40 YEARS S/O. ABOOBAKAR, CHAMAYATHAPURA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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14 MUTHUKOYA.M.P. AGED 47 YEARS S/O. SIDHEEQE.T.P., MALIPAPADA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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15 MOHAMMED.K.P. AGED 42 YEARS S/O. MUTHUKOYA.K., KARICHIPARA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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WP(C)No.197 of 2021

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16 KADEESHA.P. AGED 45 YEARS C/O. AHMAD.P., PALLAM (H), KAVARATTI, LAKSHADWEEP, PIN-682 555

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17 KALEELRAHMAN.M.P. AGED 45 YEARS S/O. SIDHEEQE.T.P., MALIKAPADA (H), KAVARATTI, LAKSHADWEEP, PIN-682 555 BY ADVS. SRI.R.ROHITH SMT.HARISHMA P.THAMPI

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RESPONDENTS:

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1 ADMINISTRATOR

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OFFICE OF THE ADMINISTRATOR, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN-682 555

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2 DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN-682 555

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3 DEPUTY COLLECTOR, OFFICE OF THE DEPUTY COLLECTOR, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN-682 555

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4 ADDITIONAL DISTRICT MAGISTRATE, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN682 555 BY ADV. SHRI.S.MANU SR.CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.197 of 2021

JUDGMENT

The petitioners, who are stated to be the natives of Kavaratti Island in Lakshadweep, who are engaged in fishing activities, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 notice dated 02.01.2021 issued by the 3^rd respondent Deputy Collector, Kavaratti.

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On 05.01.2021, when this writ petition came up for admission, the learned Senior Central Government Counsel for Lakshadweep Administration sought time to get instructions. While ordering the writ petition to be listed on 08.01.2021 for further consideration, this Court has ordered that status quo as on that date in respect of the temporary shed, fencing, etc., of the petitioners, which is the subject matter of Ext.P1 notice dated 02.01.2021, shall be maintained till then.

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On 08.01.2021, when this writ petition came up for consideration, the learned Senior Central Government Counsel for Lakshadweep Administration submitted that a statement shall be placed on record by 11.01.2021. Accordingly, the matter was ordered to be listed today for further consideration, after

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WP(C)No.197 of 2021

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extending the order of status quo till then.

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A statement has been filed on behalf of the

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respondents by the learned Senior Central Government Counsel.

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Paragraphs 3 and 4 of that statement read thus;

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“3. It is submitted that the 3^rd respondent issued another notice on 07.01.2021 referring to Ext.P1 notice. IN the notice dated 07.01.2021, the 3^rd respondent has stated as follows;

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“It is to inform to all the concerned private parties that the notice dated 02.01.2021 regarding demolishing of temporary shed, fencing, unused mass making net, boat making shed etc., which are being constructed illegally on Government land shall be considered to be issued under Rule 17 of LRT, 1968 and accordingly 7 days time is hereby given to you to show cause why you should not be evicted from the Government land mentioned in the list enclosed.

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Your reply/objection, if any in writing, should reach this office on or before 14.01.2021 at 6 p.m., otherwise suitable legal actions will be initiated against you under various provisions of existing rules”.

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It may be noticed that the only legal contention of the petitioners is regarding Rule 17 of the LRT Rules, 1968. By issuing the notice dated 07.01.2021, the 3^rd respondent has complied with the requirements of Rule 17. Now, it is open to the petitioners to raise their objections and all

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WP(C)No.197 of 2021

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contentions before the 3^rd respondent in response to the notice dated 07.01.2021. Appropriate decisions taking note of the objections, if any, submitted by the petitioners will be taken by the 3^rd respondent thereafter under Rule 17(3), in accordance with law.”

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Heard the learned counsel for the petitioners and also

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the learned Senior Central Government Counsel for Lakshadweep Administration, representing respondents 1 to 4.

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The grievance of the petitioners, which is highlighted in the writ petition is against Ext.P1 notice dated 02.01.2021 issued by the 3^rd respondent, whereby the petitioners and others are directed to demolish the temporary shed, fencing, unused mass making net, boat making shed, etc., made in connection with their fishing activities.

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In Ext.P1, it is stated that the competent authority had found that, there is illegal constructions on Government land and as such, concerned persons are directed to demolish the constructions whatsoever made in the above land within two days.

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The contention raised in this writ petition is that, the

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procedure adopted by the 3^rd respondent while issuing Ext.P1

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notice is in violation of Rule 17 of Laccadive, Minicoy and Aminidivi Islands Land Revenue and Tenancy Rules, 1968. The said provision reads thus;

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“17. Procedure for summary eviction

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(1) Before ordering eviction of a person under subsection (1) of Section 15, the competent authority shall issue a notice to him requiring him to show cause within a period to be specified in the notice why he should not be evicted from the land.

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(2) If the person concerned files an objection within the period specified in the notice or such extended period as may be allowed by the competent authority, it shall hold a summary inquiry in the manner laid down in schedule III.

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(3) If the person concerned files no objection within the time so specified or allowed, or if after inquiry the competent authority finds that the person is a trespasser, it shall order his eviction and also require him to remove any building or other construction erected, or anything deposited on the land within a time specified in the order.”

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During the pendency of this writ petition, the 3^rd

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respondent has issued another notice dated 07.01.2021 informing all the concerned that the notice dated 02.01.2021 for demolition of temporary shed, fencing, unused mass making net, boat making shed, etc., which are constructed illegally on

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Government land, shall be considered to be one issued under Rule 17 of Laccadive, Minicoy and Aminidivi Islands Land Revenue and Tenancy Rules, 1968 and accordingly seven days time is granted to the persons concerned to show-cause why they should not be evicted from the Government land. By that notice, such persons are granted opportunity to submit their reply/objection, if any, in writing before the competent authority on or before 14.01.2021 at 6.00 p.m., failing which necessary action will be initiated.

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The learned Senior Central Government Counsel would submit that, as per the instructions already received, all those, who have been issued with Ext.P1 notice, have been issued with the notice dated 07.01.2021, requiring them to submit reply/objection before 14.01.2021. In case the petitioners are in receipt of the notice dated 07.01.2021, they can submit their reply/objection before 14.01.2021 and the 3^rd respondent shall pass appropriate orders, taking note of the reply/objection by the petitioners.

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The learned counsel for the petitioners would submit

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that petitioners 3 to 5 are in receipt of the notice dated 07.01.2021 and they will submit their reply/objection, if not already submitted, before 14.01.2021.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions;

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(i) The petitioners, if they are in receipt of the notice dated 07.01.2021, shall submit their reply/objection on or before 14.01.2021, before the 3^rd respondent.

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(ii) The 3^rd respondent shall consider that

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reply/objection and take appropriate decision in the matter, in terms of Rule 17 of the Laccadive, Minicoy and Aminidivi Islands Land Revenue and Tenancy Rules, 1968, within two weeks thereafter and communicate the same to the concerned persons before proceeding further in the matter.

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Sd/-

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ANIL K. NARENDRAN JUDGE

APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 02.01.2021 IN F.NO./10/20/2020-DC (KVT) (2) ISSUED BY THE DEPUTY COLLECTOR, KAVARTTI,LAKSHDWEEP

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EXHIBIT P2 A TRUE COPY OF THE JUDGMENT 16.02.2004 IN BEEVI VS ADMINISTRATOR 2004(1) KLT 1019 OF THIS HON'BLE COURT

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RESPONDENTS' ANNEXURES:NIL

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TRUE COPY

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P.A. TO JUDGE

Muhammed Rafi C.K v. Administrator

Case brief

What is this about?

What did the court decide?

Muhammed Rafi C.K v. Administrator

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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