Kerala High Court
WP(C)/4989/2025 of MUHAMMED ALI N.P Vs THE ADMINISTRATOR, U.T OF LAKSHADWEEP on 10 April 2025
4989 OF 2025 1 2025:KER:31523 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 4989 OF 2025 PETITIONERS: 1 MUHAMMED ALI N.P AGED 56 YEARS S/O HAMZA.T.P, NELIYAMPURA (H) KAVARATTI ISLAND,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 4989 OF 2025
PETITIONERS:
MUHAMMED ALI N.P
AGED 56 YEARS
S/O HAMZA.T.P, NELIYAMPURA (H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
NIZBEEL MOHAMMED ALI M.C
AGED 35 YEARS
S/OM.MOHAMMED, MULLACHETTA (H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
ABDUL RAHMAN.R.P
AGED 56 YEARS
S/O CHERIYA AHMAD, RAYAPURA (H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
ISMAYIL.T.P
AGED 54 YEARS
S/O KOYAMMA.T.P, THELIKEPURA (H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
JALEEL.M
AGED 42 YEARS
S/O KUNHIKOYA.K.P, MUTHAMMADA (H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
AHMED.T.P
AGED 61 YEARS
S/O KOYAMMA.T.P, THELIKEPURA (H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
ATTAKOYA.V
AGED 42 YEARS
S/O MAJA.K.P, VALIYALI (H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
ATTABI.V
AGED 64 YEARS
D/O MUHAMMED.V, VALIYALI (H) KAVARATTI ISLAND, LAKSHADWEEP,
PIN - 682555
JUMAILA JALEEL.M
AGED 30 YEARS
D/O JALEEL.A.P, MELACHODAM(H) KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
NIZAMUDHEEN.K
AGED 50 YEARS
S/O MUTHKOYA.C.K, KUNNIYAMMAKADA (H)
KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
BY ADVS.
SRI.R.ROHITH
SRI.HARISHMA P. THAMPI
RESPONDENTS:
THE ADMINISTRATOR, U.T OF LAKSHADWEEP
KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
THE DISTRICT COLLECTOR
UNION TERRITORY OF LAKSHADWEEP KAVARATTI ISLAND, LAKSHADWEEP, PIN – 682 555
THE DEPUTY COLLECTOR
KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN – 682 555
ADM
(ADDITIONAL DISTRICT MAGISTRATE) KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN – 682 555
BLOCK DEVELOPMENT OFFICER
KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP, PIN – 682 555
THE SECRETARY
MINISTRY OF ENVIRONMENT AND FOREST INDIRPARYAVARAN BHAVAN, JOR- BAGH ROAD, NEW DELHI, PIN – 110 003
BY ADV K.S.PRENJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAVI.J
---------------------------------------
WP(C) No.4989 of 2025
---------------------------------------
Dated this the 10th day of April, 2025
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
See order dated 10.03.2025.
2. This Court had directed the Standing Counsel to produce the materials to show the participation of the petitioners at the meeting. Though materials were filed before this Court, the petitioners took a stand that they have not participated in the meeting.
3. This Court on 28.03.2025 directed the Administration to provide details of the area which has been provided as alternate space with clear indication regarding the identity of the property so as to facilitate the petitioner to move their equipments to that particular space.
4. A statement has been filed on 03.04.2025 wherein it is stated that around 3800 Sqm of accreted land located south of the Panchayat Stage (Kavaratti) and within 500 meters from the existing boat parking/fish drying site has been identified for the parking of fishing boats & fish drying. A sketch of the alternate space has also been made available as Annexure R2(f). The sketch shows a red coloured area as the space where the boats were being parked and a blue coloured area as the space to which the boats and other materials are to be shifted. Since alternate area has been identified and provided, it is open to the petitioners to move their articles to that area. The writ petition is closed with the above observations. Sd/- T.R.RAVI sn JUDGE
APPENDIX OF WP(C) 4989/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONERS’ LAND SITUATED ON THE NORTH – WEST SIDE OF KAVARATTI ISLAND USED FOR FISHING ACTIVITIES, LIKE THE PARKING YARD OF THEIR FISHING BOAT, COPRA FENCING, TUNA DRY FENCING Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 24.01.2025 IN W.P.(C) NO. 43950/2024 OF THIS HON'BLE COURT Exhibit P3 A TRUE COPY OF THE PHOTOGRAPHS OF THE LAND WHEREIN THE RESPONDENTS DEMOLISHED THE PETITIONERS' PROPERTY Exhibit P4 A TRUE COPY OF THE NOTICE DATED 31.01.2025 RECEIVED BY THE PETITIONERS DATED 03.02.2025 ISSUED BY THE 4TH RESPONDENT Exhibit P5 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF ENVIRONMENT AND FORESTRY, GOVT. OF INDIA ON 06.01.2011 Exhibit P6 A TRUE COPY OF THE NOTIFICATION DATED 18.01.2019 ISSUED BY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE Exhibit P7 A TRUE COPY OF THE PETITION DATED 12.02.2025 PREFERRED BY THE PETITIONERS BEFORE THE DISTRICT LEGAL SERVICE AUTHORITY, KAVARATTI,LAKSHADWEEP ALONG WITH THE ENGLISH TRANSLATION RESPONDENT ANNEXURES Annexure R2(a) A true copy of the public notice dated 31.01.2025 Annexure R2(b) The details of boats that have shifted to the alternate site prepared in a tabular form Annexure R2(c) The photographs of the boats parked in the alternate site Annexure R2(d) A true copy of the meeting notice F. No. A/18/01/2025-COL/136A dated 30.01.2025 issued by the Additional District Magistrate Annexure R2(e) A true copy of Panchnama dated 31.01.2025 Annexure R2(f) The sketch of the alternate space with all details regarding the identity of the property