NALLA KOYA Vs. ADMINISTRATOR UNION TERRITORIES OF LACCADIVES

JUDGEMENT

(1.) This appeal is from an order of Justice Mathew dismissing O. P. No. 1636 of 1965. The prayer in the writ application is that "this court may be pleased to issue a writ of certiorari or other appropriate writ or order calling for the records and quash the impugned order Ext. P8 dated 4-4-1965 passed by the 1st respondent Administrator."

(2.) The first respondent to the O. P. is the Administrator of the Union Territory of Laccadives, Minicoy and Amindivi Islands. He has powers by virtue of S.28 of the Laccadive Islands and Minicoy Regulations, 1912, to execute decrees passed by the Civil Court as envisaged by S.24 of the Act. It was pursuant to this power that the impugned order Ext. P8 was passed by him. The O. P. was dismissed by the learned Judge as he felt bound by the view which be considered has been expressed by the Supreme Court in a recent decision in Naresh v. State of Maharashtra reported in AIR 1967 SC 1 .

(3.) The particular passage from the judgment relied on by the learned judge runs thus: