CHAKKIRIYODA KOYAMMA Vs. ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) The issue in this case revolves around an extent of 0.01.25 hectares of land comprised of in Sy.No.74/12 of Kalpeni Island which is claimed to be originally owned by a family by name, Chackiriyoda Tharwad. The petitioners assert to be members of the said Tharwad and they are challenging the assignment of the aforementioned extent of land in favour of one of their relatives, namely, the third respondent herein. The challenge has been mounted on various grounds, as will be presently stated, which finally lead to Ext.P10 order being issued by the first respondent, which is impugned in this writ petition.

(2.) I have heard the learned counsel for the petitioners Sri. V.B. Harinarayan, the learned Senior Counsel Shri. Balakrishna Iyer assisted by Adv. Shri. P.B.Krishnan for the third respondent and the learned Standing Counsel for respondents 1 and

(3.) The genesis of this controversy is the claim of the 3rd respondent over the afore shown extent of land which lead to various proceedings and litigations. The family and the third respondent thereafter entered into a settlement. A copy of which has been produced in this writ petition as Ext.P4, as per which, the third respondent and her daughter were offered life interest over the property so as to enable them to continue in possession till their life. While so, it appears that the third respondent made an application before the Assistant Settlement Officer, Kalpeni, for issue of Patta in her name, presumably on the assertion that she continues in possession. This lead to Ext.P4 proceedings being issued by the Settlement Officer, wherein, it is seen that two senior members of the Tharwad, namely, Ms. Mariyomma Chackiriyoda and Mr. Abdulrahiman Chackiriyoda conceded that Patta over the property can be issued in favour of the third respondent. Obviously, Ext.P4 would indicate that the proceedings for the rough Patta was completed on the basis of consent of the Tharwad and by way of an amicable settlement. Normally speaking, the matter should have ended here and the parties ought to have obtained a quietus to the controversies and their disputes with such proceedings.