LAWS(KER)-2024-11-164

UNION TERRITORY OF LAKSHADWEEP Vs. SALMIKOYA

Decided On November 11, 2024
Union Territory Of Lakshadweep Appellant
V/S
Salmikoya Respondents

JUDGEMENT

(1.) These appeals arise out of the interim orders dtd. 1/11/2024 of the learned Single Judge in W.P.(C)No.38200 of 2024 and W.P.(C)No.38174 of 2024. The appellants are respondents 1 to 4 in those writ petitions. The 5th respondent in those writ petitions, namely, Lakshadweep Coastal Zone Management Authority, is arrayed as the 2nd respondent in these writ appeals.

(2.) W.P.(C)No.38200 of 2024 is one filed by the 1st respondent in W.A.No.1780 of 2024 seeking a writ of certiorari to quash Ext.P5 communication dtd. 24/6/2024 issued by the 2nd appellant District Collector to the 3rd appellant Director, Department of Tourism Development to the extent it allots 30,000 sq.m. of land (southern side of Thinnakkara) to the Department of Tourism for the purpose of development, operation, maintenance and management of Tent City at Thinnakkara Island. The petitioner has also sought for a declaration that the 1st appellant Union Territory of Lakshadweep Administration has no manner of any right, title or interest over the accreted land allotted to the 3rd appellant under Ext.P5. The documents marked as Exts.P2, P2(a) and P2(b) are copies of rough pattas (R.P.Nos.4544 of 1999, 4669 of 1996 and 4670 of 1996) issued after the completion of survey operations, in the name of Shamsudheen Koya (1st respondent's father) and others, in respect of property comprised in Survey Nos.6/1, 6/3, 7/1 and 7/3 of Thinnakkara Island.

(3.) W.P.(C)No.38174 of 2024 is one filed by the 1st respondent in W.A.No.1805 of 2024 seeking a writ of certiorari to quash Ext.P6 communication dtd. 24/6/2024 issued by the 2nd appellant District Collector to the 3rd appellant Director, Department of Tourism Development to the extent it allots 12,640 sq.m. (eastern side of BSNL CLS) to the Department of Tourism for the purpose of development, operation, maintenance and management of Tent City at Bengaram Island. The petitioner has also sought for a declaration that the 1st appellant Union Territory of Lakshadweep Administration has no manner of any right, title or interest over the accreted land allotted to the 3rd appellant under Ext.P6. The document marked as Ext.P1(a) is a copy of rough patta (R.P.No.4551 of 1995) issued after the completion of survey operations, jointly in the name of Challakkada Sayed Mohammed (1st respondent's father) and others, in respect of property having an extent of 4170 sq.m. comprised in Survey No.16/8 of Bengaram Island.