IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY ,THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940 WP(C).No.33232 of 2015 PETITIONER:

ALIYATHAMMADA AYSHAYAPURA KOYAMMAKOYA THANGAL S/O.NALLAKOYA THANGAL, AGED 87 YEARS, ANDROTH ISLAND, LAKSHADWEEP.

BY ADVS.

SRI.T.SETHUMADHAVAN (SR.)

SMT.N.DEEPA SMT.VANDANA MENON SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH RESPONDENTS:

1 THE CHAIRMAN, TALUK LEGAL SERVICES COMMITTEE ANDROTH ISLAND, LAKSHADWEEP.

2 POOKOYA HAJI, ALIYATHAMMADA BEETHATHABIYYAPURA HOUSE ANDROTH ISLAND, LAKSHADWEEP. 3 THE ASSISTANT ENGINEER ELECTRICITY DEPARTMENT, ANDROTH ISLAND.

4 THE SECRETARY, TALUK LEGAL SERVICE COMMITTEE ANDROTH ISLAND, LAKSHADWEEP.

BY ADVS.

SRI.MANU S, CGC SRI.M.I.JOHNSON SRI.S.RADHAKRISHNAN, SC, LAKSHADWEEP ADMN SRI.T.K.MOIDEEN KUTTY SRI.T.K.SAIDALIKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

29.11.2018, THE COURT ON 11.12.2018 DELIVERED THE FOLLOWING:

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Ext.P7 order passed by the Taluk Legal Services Committee, Androth is challenged in this writ petition, on the ground that the Legal Services Committee has no power to pass an order in the nature of Ext.P7.

2. The petitioner contends that Aliyathammada Tharavad in Androth, Lakshadweep Islands, is an ancient family in Androth Island having four branches/thavazhies namely (1) Aliyathammada Kandalathpura Thavazhi, (2) Aliyathammada Beebiyapura Thavazhi, (3) Aliyathammada Beethathabiyyapura Thavazhi and (4) Aliyathammada Ayshayapura Thavazhi. According to the petitioner, he is the present senior most member of the entire Aliyathammada Tharavad. The petitioner belongs to Aliyathammada Ayshayapura Thavazhi and the 2^nd respondent belongs to Aliyathammada Beethathabiyyapura Thavazhi. According to the petitioner, as per the recognised custom in the Islands, the properties belonging to the main tharavad are put in possession of different branches under a maintenance arrangement. The senior most members of the tharavad are to manage the respective properties. Such properties are known as Velliazhcha properties and the parties follow pristine Marumakkathayam law with regard to succession. The person in management of the properties has no power of alienation.

3. Disputes arose in respect of the properties belonging to the Aliyathammada tharavad, when one of the members executed gift deeds in favour of his wife and children, contends the petitioner. Seeking for a declaration of title and to set aside the gift deeds executed, O.S. No.1/1990 was filed in Sub Court, Kavaratti. The Sub Court, Kavaratti decreed the suit partly and granted relief in respect of certain plaint schedule properties. A.S. No.417/1993 was filed in this Court by members of the tharavad, aggrieved by the decree of Sub Court, Kavaratti. This Court passed Ext.P1 judgment on 10.03.2005. Ext.P1 judgment was taken up before the Apex Court and the Apex Court confirmed Ext.P1 judgment. Execution petition was filed and delivery of property including the house situated in Survey No.408/3, which was in the B schedule to the plaint, was given to the three thavazhies as per Ext.P2. According to the petitioner, delivery of the property is given in favour of the existing three thavazhies.

4. While so, the petitioner received a notice from the 4^th respondent-Ex-Officio Secretary to Taluk Legal Services Committee, Androth Island. The notice was issued on the basis of a complaint filed by the 2^nd respondent before the Assistant Engineer, Electricity Department, Androth Island, seeking to transfer the electricity connection in respect of a house, which was subject matter in the O.S., in the exclusive name of the 2^nd respondent. Along with with the said notice, which is marked as Ext.P4, a copy of the complaint dated

14.08.2015 filed by the 2^nd respondent was also served. As per Ext.P5 complaint, the 2^nd respondent claimed exclusive right over the residential house having electricity connection bearing No.D/475. On receip