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2020 Supreme(Ker) 538

RAJA VIJAYARAGHAVAN V.
Kasmikoya Biyyammabiyoda, S/o. Aboobacker – Appellant
Versus
Union of India, Represented by Home Secretary, Secretariat, Government of India – Respondent


Advocates Appeared:
For the Petitioners: Sri. P.B. Krishnan, Sri. P.B. Subramanyan, Sri. Sabu George, Sri. Manu Vyasan Peter, Smt. Meera P.
For the Respondents: Mr. P. Vijayakumar, SCGC, Sri. S. Manu, Sri. Manu S., SCGC, Philip J. Vettickattu.

JUDGMENT :

The petitioners in these Writ petitions are residents of Agatti Island in the Union Territory of Lakshadweep. They have approached this Court being aggrieved by Exhibit P13 fax message sent by the Deputy Collector (HQ) to the 3rd respondent wherein the said authority has been directed to take expeditious steps to dispossess the petitioners from the land in their possession for the purpose of constructing a ‘Beach Road’ from the northern end of the Agatti Island to the Southern Side of the Island all along the western shore.

2. The petitioners contend that their registered holdings abut the sea on the western side and according to them, the accretions on the western side of their property form part of their registered holding and they have been in possession and enjoyment of the same since time immemorial. They also contend that their possession of the accretions has been confirmed by the proceedings taken under various regulations applicable to the Union Territory of Lakshadweep. According to the petitioners, if the respondents intend to acquire their properties for the construction of the beach road, they have no other alternative but to acquire the property by complying

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