Kerala High Court Stays Notice To Demolish Buildings In Lakshadweep For Alleged Encorachment Of Public Land

The Kerala High Court on Saturday stayed the show-cause notices issued to Lakshadweep inhabitants to demolish their buildings within 2 days on the ground that they were constructed on government land.  

Justice Sunil Thomas during the special sitting issued an interim order staying the operation of the aforementioned notices pending the disposal of the writ petition. 

The petitioners are indigenous inhabitants of Lakshadweep. On 6th July 2021, they were purportedly served with 'show cause cum hearing notices' dated 5th July issued under Rule 17 of the Laccadive, Minicoy & Amindivi Islands Land Revenue and Tenancy Rules, 1968.

The notices alleged that the petitioners had constructed 'sheds/buildings in government land' and called upon them to show cause 'within two days from the date of receipt of the notice why they should not be evicted from the said land'.

Advocate P. Deepak appeared on behalf of the petitioners and argued that although the notices were served on 6th July, the time stipulated for filing reply/objection was 5 PM of 7th July, which gave them less than 24 hours from the actual time of receipt of the notices.

It was also alleged that the notices required them to appear in person or through a duly authorized representative for a personal hearing on 8th July 2021. According to the petitioners, this was an attempt to complete the entire exercise within 72 hours from the date of issuing notices. 

These notices were contended to be vitiated by errors apparent on the face of the record and therefore liable to be quashed. It was also established that the respondents were not the competent authority authorised to issue the notice.

Although they filed applications seeking additional time for submitting reply/objection, there was no response from the respondents. Moreover, certain officials and police authorities were found marking the sheds/buildings specified in the notices on 9th July.

The petitioners anticipated that the sheds/buildings in question will be demolished over the 10th and 11th July on the ground that they did not file their reply/objection to the notices. Such a move from the respondents was alleged to be per se illegal and a grave miscarriage of justice. 

The petitioners also cited several provisions of the Rules to prove that the manner of eviction resorted to by the respondents was not proper and that it was an abuse of statutory power. 

Case Title: Kadeesha P & Ors. V. Union Territory of Lakshadweep &