EDMUND GEORGE Vs. SECRETARY

JUDGEMENT

(1.) The provisions of two regulations forming part of the same principal set of regulations in force in these Islands, and apparently overlapping, fall for consideration in this appeal.

(2.) But, before the legal issue, the facts need first to be noticed. The appeal is directed against an order of June 16, 2006 by which the appellant's challenge to an order passed by the Secretary (Revenue) by way of a writ petition was found to be without any merit. The Secretary (Revenue) had allowed the fifth respondent's appeal from an order passed by the Sub-Divisional Officer who had upset the decision made by the Tehsildar.

(3.) The appellant, the fifth respondent and one Patrick George (who ought to have been impleaded in the writ as he was a party to the proceedings before the Secretary) are sons of Late Wilson George. Edmund, the appellant, Godwin, the fifth respondent, and Patrick came to inherit their father's land and applied for partition thereof. The Secretary, (Revenue) records in his order that the property was sub-divided and survey numbers were allotted in respect of 89 sq. metre of land to each of the three. In February 2003, the fifth respondent complained to the Deputy Commissioner that the appellant had constructed an STD Booth in the setback area of the land standing in the name of the fifth respondent. After the matter travelled from the Deputy Commissioner to the Tehsildar and back, the superior authority required the Tehsildar, Port Blair, having jurisdiction over the land in question, to take up the matter. The Deputy Commissioner's reference of the matter to the concerned Tehsildar was on the following lines: -