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1967 Supreme(Ker) 196

P.GOVINDA NAIR, M.S.MENON
NALLA KOYA – Appellant
Versus
ADMINISTRATOR, UNION TERRITORIES OF LACCADIVES ETC. – Respondent


Judgment :-

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. P-8 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. P-8 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 Maharaslra reported in AIR. 1967 SC. 1.

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

"Whilst we are dealing with this aspect of the matter, we may incidentally refer to the relevant observations made by Halsbury on this point. 'In the case of judgments of in




















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