P.Kalimuthu v. The Andaman And Nicobar Administration And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/937/2023 Shri P. Kalimuthu ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Ms. G. Mini ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents September 21, 2023 (M.A.Mobin) Item No.13 The petitioner is a license holder to occupy a specific portion of landed property, for house cite. The license is dated 02.8.1989. The petitioner is in possession of the concerned landed property.

However, allegedly, petitioner, since the date of assessment of possession over the land by dint of the said license dated 2.8.1989, has not been allowed to remit the premium for the same, as may be determined/fixed by the Administration. [Refer Clause (6) of the license dated 2.8.1989].

Subsequently, the petitioner has made several representations to the respondent authorities requesting necessary steps for regularizing his license over the said landed property. Also two Writ Petitions were heard and disposed of by this Court in connection with the issues involved here.

The Court has in both the cases directed the respondent authorities to consider petitioner's representations and/or to take necessary steps for regularization of the license, earlier granted to the petitioner, however to no avail.

By referring to the documents annexed with this Writ Petition learned Advocate representing the petitioner has submitted that even at present the Department is proceeding with the process of hearing in connection with the issue involved in this Writ Petition though has not come to any definite findings. This Court is informed that the next date of hearing is fixed on 13th October, 2023. According to the respondents however, in absence of any prayer from the Writ Petitioner for assessment of premium, the respondents are not duty bound for the same.

This submission, does not raise confidence in the mind of this Court, particularly in view of Clause (6) of the document of license dated 2.8.1989, issued in favour of the Writ Petitioners. According to the same, it is for the respondent authorities to ascertain the premium amount. On perusal of the record and consideration of the submissions made before this Court it is found that the incident of issuance of license on 2.8.1989 to the petitioner is undisputed in this case. The obvious sequence would be payment of premium by him as determined/fixed by the Administration. There is nothing on record to indicate as to

whether or not the Administration has determined/fixed the amount of premium, which the petitioner has to remit in lieu of his license. Accordingly, it is justified that the petitioner would not be in a position to remit the premium to the Administration for the license granted to him. As hearing over the issue is still in progress, let the respondent authorities determine/fix amount of premium applicable for the petitioner and inform the petitioner the same, for remitting the said amount to the respondents by the petitioner. It is expected that on the next date of hearing respondent authorities will conclude the exercise as above. The petitioner upon being informed about the amount of premium to be paid by him, shall immediately remit the amount with the respondent authorities, in accordance with law.

The Writ Petition is disposed of with the directions as above.

(Rai Chattopadhyay, J.)