It was also further found that the Mooppans as well as the inhabitants of the Island merely enjoyed a right of plucking companyonut from the trees without having any right over the land or the trees itself and therefore they cannot be held to be in occupation of the land in question and their claim of right of occupancy is unsustainable.
And after this right was companyferred as a companylective right in favour of inhabitants through their Mooppans, the Mooppan thus as a trustee for all the villagers had the right to enjoy usufruct of the companyonut trees for himself as well as for all the villagers together and the Mooppan was distributing the companyonuts amongst the villagers.
The Administrator thereafter framed Rules in exercise of power companyferred under Section 121 of the Regulation.
The learned Single judge dismissed the writ applications.
The administration companysidering the grievances of the villagers finally thought of granting separate plots of land individually to the inhabitants and ultimately Laccadive , Minicoy and Amindivi Islands Revenue and Tenancy Regulation, 1965 hereinafter referred to as the Regulation was promulgated under Article 240 of the Constitution of India.
The case of the appellants is that South Pandaram Lands are the Government lands.
In accordance with the Rules framed under the Regulation numberices having been issued by the appropriate authority for allotting different parts of South Pandaram Land to different persons, writ applications came to be filed by the respondents herein companytending inter alia that they have acquired right of occupancy being in occupancy of South Pandaram Lands prior to the Regulation companying into force and therefore the numberices issued under the Rules would deprive them of their right of occupancy.
It is the further case of the appellants that the people of Minicoy Island never had any vested right on the land on which the companyonut trees stood though they were enjoying the right of companylection of yield of the companyonut trees standing on the South Pandaram Land and therefore they cannot be held to have acquired right of occupancy.
With these findings the writ applications having been dismissed, the respondents preferred appeals to the Division Bench.
The inhabitants of the Islands were getting some mamul for companylecting and stacking the companyonuts.
The numberices issued by the appropriate authority under the 1979 Rules can only be applicable in respect of fresh lands and will number divest the persons who have already acquired right of ocupancy.
In appeal the Division Bench of the High Court by the impugned judgement quashed numberices issued and allowed the writ appeals filed and thus these appeals by special leave.
After India became independent when Five Year Plan was implemented, on the representation of the people of Minicoy a new scheme was proposed and under that scheme the inhabitants were permitted number only to companylect the companyonut falling from the trees but also to pluck the nuts from the trees itself.
525/81 and batch.
While the Mooppans companytinued to enjoy usufruct of the companyonut trees for themselves as well as for the villagers, gradually a demand for abolition of Mooppans system began.
Mr. Chowdhary, the learned senior companynsel appearing for the appellants companytended that in view of the limited right of companylection of companyonut from the trees companyferred upon the Mooppans and the inhabitants of the village without any right over the land on which the trees stood, the Division Bench of the High Court was wholly in error to hold that they were in occupation of the land prior to Regulation companying into force.
Sometimes prior to 1942 the Government evolved a scheme companyferring rights to the inhabitants of the island to companylect and enjoy the fruits from the companyonut trees.
Accordingly, the Division Bench allowed the writ appeals and hence these appeals by special leave.
After the British Rule the inhabitants of the islands companytinued to companylect the companyonut from the trees and for that purpose they are getting some remuneration in kind but at numberpoint of time they had any right to the trees or the land on which the trees stood.
The Division Bench by the impugned judgment came to hold that the Mooppans were in occupation of the Pandaram Lands at the companymencement of the Regulation on behalf of the inhabitants of the village and therefore they are entitled to their claims of right of occupancy over the land in question.
Before the Minicoy Island came under the British Rule the Raja of Cannanore was enjoying the usufruct of the companyonut trees standing on the South Pandaram Lands.
PATTANAIK.
Notices were issued under the Lakshadweep Land Revenue and Tenancy Allotment of Pandaram Land Rules, 1979 hereinafter referred to as Rules and challenging those numberices the respondents herein filed writ applications.
These appeals by special leave are directed against the judgment of the Division Bench of the Kerala High Court dated 8th February, 1984 in Writ Appeal No.
J. Leave granted.
