Muthu Swamy And ANR v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/136/2024 Muthu Swamy and another Vs The Andaman and Nicobar Administration and others Mr.Lokesh Chezian ... for the petitioner Ms. Babita Das ... for the respondents February 26, 2025 [AKB] Item no. 24 1.

This writ application has been preferred with the following prayers:

"a) A Writ and /or Writs do issue in the nature of mandamus directing the respondent authorities to act accordingly in accordance with law.

b) A Writ and /or Writs do issue in the nature of Mandamus directing the respondents to demarcate the petitioners landed property bearing Survey No. 255/P measuring an area 0.90 hectares at Bimblitan Village and to erect the survey stone at the four corners of landed property within a stipulated period of time, i.e. one month from the date of order passed by this Hon'ble Court.

c) A Writ and /or writs do issue in the nature of Mandamus directing the respondents to pass appropriate order under the application filed by the petitioner for demarcation of the petitioners landed property bearing Survey No. 255/P measuring an area 0.90 hectares at Bimblitan village under Section 101, 99 of the A&N Islands LR & LRR 1966, within a period of 1 months from the date of the order passed by this Hon'ble Court.

d) A Writ and/ or Writs do issue in the nature of Mandamus directing the respondents to act in terms of the order dated 18.05.2023 passed by the Hon'ble High Court Circuit Bench at Port Blair in CPAN No. 06 of 2023 within a stipulated period of time positive within a period of 15 days from the date order passed by this Hon'ble Court.

e) A Writ in the nature of Certiorari directing the respondents to transmit the relevant records before this Hon'ble court enabling the court to render justice in the matter.

f) Other or further Writ and /or directing and/or order as your Lordship may deem fit and proper in the facts and circumstances of the present case."

2.

Recorded owner of the subject land/petitioner herein filed an application before the Tehsildar, Port Blair Tehsil with a prayer for demarcation of land which was kept pending for a considerable period leading to a writ application registered as WPA 240 of 2021 wherein the coordinate bench of this Court passed an order directing the respondent No. 3 to demarcate the petitioners land and submits appropriate report to the authorities with a copy made available to the petitioner within a period of two weeks from the date of communication of the order.

3.

Mr. Lokesh Chezian, learned counsel appearing on behalf of the petitioner has submitted that the order passed by the Hon'ble Court in WPA 240 of 2021 was not complied with and this petitioner was compelled to file one contempt application registered as CPAN/6/2023. The contempt application was disposed of with a directing to submit suitable report by the Deputy Commissioner, South Andaman to the Secretary, Revenue, Port Blair within a period of one month from date.

4.

However, on behalf of the respondents Ms Babita Das, learned counsel has drawn my attention to the supplementary affidavit wherein a report of Deputy Commissioner has already been annexed in support of initiation of land revenue survey in compliance with the order of this Court.

5.

At this stage, learned counsel appearing on behalf of the petitioner has prayed for passing the order directing the respondent No. 3 to complete the process of demarcation of land within a specified period.

6.

Ms. Das, learned Counsel appearing on behalf respondents prays for six months to complete the survey of land and demarcation process by the respondent No. 3.

7.

Accordingly, respondent No. 3 is directed to complete the process of survey along with demarcation of the land of the petitioner preferably within six months from the date of communication of order.

8.

Learned counsel appearing on behalf of the parties are at liberty to communicate this order to the respondent No. 3 for compliance.

9.

With the aforesaid observation this writ application stands disposed of.

10.

Parties are directed to act on the website copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)