The High Court of Kerala, acknowledging a civil suit is pending regarding the accussed encroachment, declined to make any observation on facts. The court held that proprietary rights must be decided by the Civil Court and closed the writ petition recording the interim order dated 15.02.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 17TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA,
1943
WP(C) NO. 4703 OF 2019
PETITIONER/S:
RISING TIDE CLUB,
REGISTERED SOCIETY, REGISTERED UNDER THE
PROVISIONS OF THE SOCIETIES REGISTRATION ACT,
1860 BEARING REGISTRATION NO S/R 605/2012,
SITUATED AT FALLESSERY VILLAGE, MINICOY UNION
TERRITORY OF LAKSHADWEEP, REP. BY ITS PRESENT
PRESIDENT ISMAIL OLUBAGE, AGED 50 YEARS,
S/O.IBRAHIM, BAMBUKEVUGE, RESIDING AT OLUBAGE,
FALLESSERY VILLAGE, MINICOY, UNION TERRITORY OF
LAKSHADWEEP-682559.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/S:
1 THE ADMINISTRATOR, OFFICE OF THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, GOVERNMENT SECRETARIAT, KAVARATHI - 682555.2 THE EXECUTIVE MAGISTRTE AND DEPUTY COLLECTOR, OFFICE OF THE EXECUTIVE MAGISTRATE AND DEPUTY COLLECTOR, MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP-682559.3 THE STATION HOUSE OFFICER, MINICOY POLICE STATION, MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP-6825504 MOHAMMED, AGED 70 YEARS GANDEEGEE-BIDHARUGE @ MOOPAN, FALLESSERY VILLAGE, S/O.HASSAN, BUDUKOLUGE, FALLISSERY VILLAGE, MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP-682550.-2-
W.P.(C). No. 4703 of 2019
5ISMAIL,
AGED 60 YEARS
EDUIBRAHIMGOTHI, S/O.MOOSA, ATHIRGE, FALLISSERI
VILLAG,E MINICOY ISLAND, UNION TERRITORY OF
LAKSHADWEEP-682559.
6ADDL.R6.ISMAIL,
EDUIBRAHIMGOTHI, AGED 60 YEARS, S/O. MOOSA,
ATHIRGE, FALLISSERI VILLAGE, MINICOY ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN-682559.
(ADDL.RESPONDENT NO.6 IS IMPLEADED AS PER ORDER
DATED 9-4-2021 IN IA 1/2021).
BY ADVS.
SAJITH KUMAR V.
SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION
TERRITORY OF LAKSHADWEEP
SRI.A.A.ZIYAD RAHMAN
SRI.T.MADHU
SRI.LAL K.JOSEPH
SMT.C.R.SARADAMANI
SRI.T.P.NISHAD KHAN
SRI.P.AJAZ SHABEER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 4703 of 2019
Dated this the 17th day of December, 2021
JUDGMENT
The above writ petition is filed with following prayers:
the provisions of the Societies Registration Act, 1860, having registered office in the address at Minicoy, Union Territory of Lakshadweep. The petitioner is known in the name ‘Rising Tide Club’. According to the petitioner, it is an organization formed with intentions to promote sports and games, arts and culture
and to provide opportunities primarily related sports for the
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W.P.(C). No. 4703 of 2019
youth of the Union Territory of Lakshadweep. It is the case of the petitioner that it is functioning in about 11.250 cents of land in Sy.No.31 with sub division No.7, re-sy. No.31/7A of the Fallissery Village. It is also the case of the petitioner that the club constructed the building in the said property by augmenting finance contributed from among different persons of the locality who are members of the club. The writ petition is filed because there is a direction in Ext.P12 to keep the key of the building with SHO, Minicoy, until the disposal of OS No.6 of 2018. Hence, this writ petition is filed.
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W.P.(C). No. 4703 of 2019
“Admit. Learned Standing Counsel takes notice for respondents 1 to 3. Notice to the respondents 4 and 5 by speed post.
Since the petitioner, who is a tenant in the building is not party to Ext.P12 or to the suit instituted with respect to the building, there will be an interim direction to the Station House Officer to handover the keys of the property to the petitioner, for the time being, provisionally, and subject to further orders in this writ petition. It is made clear that the possession of the building in question by the petitioner in terms of this order will not affect the rights of the parties either in the civil dispute or any other pending proceedings.”
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W.P.(C). No. 4703 of 2019
counsel also submitted that a suit is pending before the Civil Court and the counsel takes me through Ext.P8 order passed by
the Civil Court by which the prayer of the 5th respondent is rejected by the Civil Court. The counsel submitted that the interim order passed by this Court is creating all sorts of problem and the petitioner is misusing the interim order.
petitioner.
of the case especially because a suit is pending before the Civil Court. This Court passed the interim order on 15.02.2019 mainly because Ext.P12 order is passed without hearing the petitioner. Since a suit is pending before the Civil Court, this Court cannot direct the petitioner to occupy only a portion of the building or he can occupy the entire building. These are matters to be decided by the Civil Court. The petitioner and the contesting respondents are free to approach the Civil Court and
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W.P.(C). No. 4703 of 2019
obtain appropriate orders. I make it clear that the interim order dated 15.02.2019 is subject to the final decision passed by the Civil Court in appropriate proceedings pending or to be filed by
the parties. I also make it clear that the Civil Court, while considering the suit or any application, shall pass appropriate orders in those proceedings untrammeled by any observation in
the order dated 15.02.2019 passed by this Court. Therefore, granting liberty to the petitioner and the contesting respondents to approach the Civil Court, if there is any further grievance, this writ petition is closed recording the interim order dated 15.02.2019.
All the contentions raised by the petitioner and the contesting respondents in this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 4703 of 2019
APPENDIX OF WP(C) 4703/2019
PETITIONER EXHIBITS
EXHIBIT P1 |
A TRUE COPY OF THE CERTIFICATE OFREGISTRATION AND THE BYELAW OF THEPETITIONER SOCIETY DATED 14/12/2012. |
|---|---|
EXHIBIT P2 |
A TRUE COPY OF THE PHOTOGRAPHS TAKENBY THE PETITIONER. |
EXHIBIT P3 |
A TRUE COPY OF THE PLAINT IN OS NO. 6OF 2018 DATED 6/11/2018 ON THE FILE OFTHE MUNSIFF COURT, ANTHROTH,LAKSHADWEEP. |
EXHIBIT P4 |
A TRUE COPY OF THE CONSUMER BILLRAISED DATED 30/11/2018. |
EXHIBIT P5 |
A TRUE COPY OF THE FURTHER CONSUMERBILL RAISED DATED 30/11/2018. |
EXHIBIT P6 |
A TRUE COPY OF THE TRANSACTION DETAILSEVIDENCING PAYMENT DATED 3/12/2018. |
EXHIBIT P7 |
A TRUE COPY OF THE ORDER OF THESETTLEMENT OFFICER DATED 15/12/1982. |
EXHIBIT P8 |
A TRUE COPY OF THE ORDER PASSED BY THELEARNED MUNSIFF, ANDROTH, LAKSHWADEEPIN IA NO. 7 OF 2018 IN OS NO. 6 OF2018 DATED 10/1/2019. |
EXHIBIT P9 |
A TRUE COPY OF THE RECEIPT ISSUED BYTHE THIRD RESPONDENT DATED 19/1/2019 |
EXHIBIT P10 |
A TRUE COPY OF THE PHOTOGRAPHS TAKENBY THE PETITIONER DATED NIL. |
EXHIBIT P11 |
A TRUE COPY OF THE COMPLAINT DATED19/1/2019. |
EXHIBIT P12 |
A TRUE COPY OF THE ORDER PASSED BY THESECOND RESPONDENT DATED 23/1/2019. |
RESPONDENT EXHIBITS |
|
Exhibit R6(a) |
TRUE COPY OF THE COMPLAINT DATED01/02/2019. |
1 issue framed by the court
Whether an interim order allowing the petitioner society to occupy the entire building should be modified to restrict occupancy to only a portion of the building.
Rising Tide Club
The Administrator, Office of the Administrator, Union Territory of Lakshadweep
The Executive Magistrate and Deputy Collector, Minicoy Island
The Station House Officer, Minicoy Police Station
Mohammed
Ismail
P. V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court