LAWS(KER)-2004-2-7

BEEBI SHEIKENTEVEEDU Vs. ADMINISTRATOR

Decided On February 16, 2004
Beebi Sheikenteveedu Appellant
V/S
ADMINISTRATOR Respondents

JUDGEMENT

(1.) PETITIONERS in these cases are aggrieved due to steps taken by the respondents for evicting them from their holdings. It is their case that they have been paying 'quit rent' for the holdings for quite long. It is also their case that if at all they are liable to be evicted, it can be done only after complying with the procedure under the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation, 1965 (hereinafter called the Regulation). At the outset it will be profitable to refer to the statutory scheme in the matter of eviction. Regulation.15 reads as follows:-

(2.) R .17 of the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Rules, 1968 (hereinafter called the Rules provides for the manner of eviction, which reads follows:-

(3.) SRI . S. Radhakrishnan, learned Standing Counsel for the Lakshadweep Administration submits that the respondents have taken only bona fide and earnest steps to see that trespassers are evicted. But unfortunately as pointed out by the learned Senior Counsel Sri. T.P. Kelu Nambiar the same is not in accordance with the Regulation and the procedure as prescribed under the Rules. Exts.P26, P27 and P28 notices in O.P. No.17698/96 clearly show that the competent authority had already taken a decision that the petitioners were trespassers even before hearing them. That is unreasonable.