Kerala HC stays Lakshadweep Administration's notice for demolition of Madrassa in Minicoy
Jul 28, 2021
Kochi (Kerala) [India], July 28 : The Kerala High Court has stayed the Lakshadweep Administration's notice for eviction and demolition of a four-decade-old madrassa in Minicoy Island.
Justice Raja Vijayaraghavan passed the interim order on a petition filed by Zainul Abid, the president, Al Madrasathul Uloomiya seeking to quash the show cause notice of the Lakshadweep Administration.
The court directed the Lakshadweep Administration to file a counter affidavit within four weeks. The matter will be heard again after this.
The court in the order said, "till such time, the respondents shall not make any attempt to interfere with the possession of the petitioner over the madrassa which is the subject matter of notice nor shall they demolish any structures."
The petitioner pointed out that, "the show-cause notice was issued invoking Regulation 15 of Laccadive Minicoy and Aminidivi Islands Land Revenue and Tenancy Regulation, 1965 and Rule 15 of the Laccadive, Minicoy and Aminidivi Islands Land Tenancy Rules,1968 to evict the madrassa from the land it presently occupies."
The court said that the petitioner was allotted land in 1980 under Regulation 14(2) of the Regulations, and hence, he cannot be categorised as a person occupying 'pandaram land' without lawful authority.
According to the provisions of said regulation, the jurisdictional authority was required to pass an order allowing or declining permission to divert the land before issuing the notice.
"The Deputy Collector issued the aforementioned notice, who is not a competent authority as per the Regulations," the court said.
