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2021 Supreme(Ker) 1102

DEVAN RAMACHANDRAN
Hassan H. V. – Appellant
Versus
Union Territory of Lakshadweep, Represented By Its Administrator, Office Of The Lakshadweep Administrator, Kavaratti – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Deepak, Adv.
For the Respondent: Shri. Manu. S, SCGC, Adv.

JUDGMENT :

It is intrinsic to all State action that it should punctiliously comply with sanctioned and imperative procedures, which alone would keep a bay and avoid the otherwise inevitable allegations of capriciousness, nepotism and highhandedness, particularly, in issues relating to rights over properties and actions for expropriation; with ‘faithful adherence to due process’ and ‘procedure established by law’ being unexpendable.

2. The guarantee that the State would act only legally, is enshrined in the ‘due process’ and ‘procedure established’ doctrines – which are the repository of the substantive assurance of the State against unfairness.

3. I have been persuaded to open this judgment with the afore exordium because the petitioners impel very grievous imputations against the respondents – Lakshadweep Administration and its functionaries, alleging that they are being mercilessly thrown out of the seashores/public places, over which they have been in possession and thus obtaining certain legal rights -either in their asserted position as ‘cowleder’ or through inveterate and longstanding occupation.

4. Though there is a prolix of documents, materials and pleadings on record, the ess

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