LAWS(CAL)-2014-3-232

KANNAN Vs. ANDAMAN AND NICOBAR ADMINISTRATION S

Decided On March 07, 2014
KANNAN Appellant
V/S
Andaman And Nicobar Administration S Respondents

JUDGEMENT

(1.) THIS writ petition has been filed for non consideration of the representations submitted by the petitioner before the authorities. The petitioner filed the writ petition No. 1000 of 2010 seeking a direction upon Revenue Authorities for consideration of his representation, acceptance of premium, issue of licence and for other reliefs. The said writ petition was dismissed by this Hon ble Court on 30th March, 2010. Dismissal order was challenged by the petitioner preferring an appeal being MAT 26 of 2011 along with prayer of condonation of delay, which was allowed vide order dated 12th July, 2011. The Hon ble Division Bench of this Court directed the Deputy Commissioner, South Andaman to issue licence to the petitioner within a period of one month from the date of communication of the order positively with further order that the petitioner will pay the land revenue, if any due at the time of issuance of licence. The Deputy Commissioner, South Andaman District fails to comply with the order passed by this Court. The petitioner filed contempt application being CPAN No. 040 of 2011 which was subsequently renumbered as WPCRC 001 of 2013. The licence was issued and the contempt application was disposed of by the order dated March 20, 2013.

(2.) THE petitioner is required to make construction within two years from the date of issuance of licence. Accordingly he submitted an application before Tehsildar, Port Blair on 26th March, 2013 with a request for providing record entry and sketch map of licenced land and subsequently on September 9, 2013 a reminder was given. He subsequently submitted an application before the Deputy Commissioner, South Andaman District on October 4, 2013 with the same request. The petitioner was informed by the Tehsil Office that the office of the Assistant commissioner (Settlement) has not provided the corrected map and record of entry of licenced land. The petitioner thereafter submitted a representation before the Assistant Commissioner (Settlement) with request to do the needful on 1st November, 2013. The petitioner time and again approached the office of the respondent authorities but his endeavor is in vain. In this background this is the writ petition.

(3.) MR . N.A.Khan learned advocate appearing for the petitioner took me to the annexure of the writ petition and has contended in the tune of the writ petition. It is his specific contention that the petitioner has to construct a house on the licenced land within two years from the date of issuance of licence and for the purpose of construction of the house, record entry and sketch map are required to be submitted by the petitioner for approval of the plan of the house to be constructed before the authority concerned. The petitioner time and again made several representations before respondent authorities for record entry and sketch map with an intention to construct a house in the licenced land within a period of two years from the date of issue of the licence. The authority is sitting over the matter. Necessary direction may be given to the respondent authorities for issuance of the record entry and sketch map in respect of licenced land.