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

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/614/2025 Shri Muthu Swamy and Another Vs The Andaman and Nicobar Administration and Ors Mr. Lokesh Chezian N.

... for the petitioners December 17, 2025 [AKB] Item No.12 1.

The writ application has been preferred praying for direction upon the respondent No.2 to consider and dispose of the representation dated 28/11/2025 within a stipulated period of time and further direction upon the respondent No.2 to pass a stay order with respect to the landed property bearing Survey No.255/P measuring an area 0.90 hectares at Bimblitan Village recorded in the name of the petitioners till the demarcation of the aforesaid landed property is not completed under section 101, 99 of the A & N Islands LR & LRR 1966, and in terms of the solemn direction passed by the Hon'ble High Court at Calcutta, Circuit Bench at Port Blair in W.P.A No. 136 of 2024. 2.

It is the case of the petitioner that vide an order dated 09.11.2021 passed by the High Court in WPA/240/2021, it was directed that the respondent No.3 shall complete the demarcation of the petitioner's land and submit an appropriate report to the authorities with a copy made available to the writ petitioner within a period of two weeks from the date of communication of a copy of the order.

3.

It is submitted by the petitioner that inspite of the said direction the authorities concerned are passing one after another order but not complying with the direction of the High Court.

4.

In a contempt application in the said writ application, the Court disposed of the contempt application on the finding that the land in question has been settled in favour of the father of the petitioners and a portion of the land is being used as a cremation ground. It further appears therefrom that the actual demarcation of the land could not be effected since the Field Measurement Book was not available.

5.

The Court further directed as follows:

"4 The Deputy Commissioner, South Andaman has been notified of the above order. The Deputy Commissioner, South Andaman shall take steps and all measures to locate the Field Measurement Book.

5. Appropriate accountability shall be fixed for the non-availability of the Field Measurement Book in respect of the area in question since the Field Measurement Book would be the vital document for a large number of other persons.

6. Let a suitable report be submitted by the Deputy Commissioner, South Andaman to the Revenue Secretary, South Andaman at Port Blair within a period of one month from date." 6.

Finally in WPA/136/2024 vide an order dated 26.02.2025 the High Court directed as follows:

"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 this order."

7.

It is submitted by the learned counsel for the petitioner that since then the authority concerned has been issuing one notice after another by prima facie trying to project the compliance of the High Court's order but the authority

concerned has not proceeded in the matter as directed by the High Court till date.

8.

In the notice dated 28.10.2025 the Settlement Officer (Revenue Survey) issued the said notice in connection with WPA/136/2024 on the following observation "And whereas, in pursuance of the Hon'ble High Court order, the survey conducted by revenue field staff and reported that, the petitioner claimed land is under utilisation of Graveyard for more than 40 years and also fixed a board by showing the land belongs to the Gram Panchayat.

And whereas, the Settlement Officer heard the matter on 25.09.2025 and directed the concerned Patwari to submit detailed report in the matter.

And whereas, the concerned Patwari submitted detailed report reveals that the enquiry has been conducted thoroughly with local people and PRI's it reveals that the said portion of land was under utilization of Graveyard for more than 40 years by the villagers of Bimblitan and Taylorabad Village" and fixed a further date directing the petitioner to appear for the further hearing.

9.

It appears that again a similar order was passed on 06.11.2025 by the said authority and on further hearing the Settlement Officer (Revenue Survey) vide order dated 12.11.2025 held as follows:- "And whereas, the Settlement officer heard the matter on 16.04.2025 and directed to conduct a field inspection/survey along with the concerned Patwari and submit the report. The Revenue field staff conducted a field inspection and submitted a report on 05.10.2025.

And whereas, the Settlement Officer heard the matter again on 12/11/2025 and directed to conduct the demarcation of the

petitioners landed property bearing Sy. No. 255/P measuring an area 0.90 Hects. situated at Bimblitan Village on 19/11/2025." And again fixed a date for hearing. It is thus on record that inspite of a number of hearings the authority concerned could not conclude the said hearing.

10.

The petitioner has then filed a representation before the Deputy Commissioner, South Andaman requesting them to stop the use of his land as a graveyard/cremation ground. Petitioner prayed for intervention of the said authority and requested that necessary steps may be taken by the authority concerned and prayed for direction upon the concerned authorities not allow further cremation on the said land until demarcation process is completed.

11.

On hearing the learned counsels for the parties and on perusal of the several notices issued by Settlement Officer (Revenue Survey) in the proceeding which arose out of WPA/136/2025, this Court directs the respondent No.2 to complete the process of survey along with demarcation of the land of the petitioner within thirty days from the date of this order in presence of the parties concerned, on hearing the parties and by passing a reasoned order in accordance with law.

12.

In view of the observation of the Settlement Officer (Revenue Survey) in its various notices that survey was conducted in respect of the property in this case by Revenue Field Staff and it has been found that the petitioner's land is under utilization of graveyard for more than 40 years and

there also appears to be a board fixed by the Gram Panchayat showing that the land belongs to the Gram Panchayat, as such if the said dispute is not settled by the authorities concerned namely respondent No.2 as directed, no order of stay can be passed for use of the land in question as graveyard or cremation ground at this stage.

13.

The writ petition is accordingly disposed of along with all connected application, if any.

14.

Parties to act on the server copy of this order downloaded from the official website of this Court.

[Shampa Dutt (Paul), J.]