Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa

The Kerala High Court on Monday stayed the eviction and demolition of a long-standing madrassa in Lakshadweep. 

Justice Raja Vijayaraghavan passed the interim order while directing the Lakshadweep Administration to file a counter affidavit within four weeks. The matter will be heard again after the said duration.

"Till such time, the respondents shall not make any attempt to interfere with the possession of the petitioner over the madrasa which is the subject matter of (show cause) notice nor shall they demolish any structures," the Court observed.

The Court was hearing a petition filed by the President of Al Madrasathul Uloomiya situated in Minicoy Island, Lakshadweep. The petitioner had moved the Court challenging a show-cause notice issued by the Administration to demolish and evict the Madrassa from its allotted premises.

Advocate P Deepak, appearing for the petitioner, submitted 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.

However, he claimed 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.

It was also argued that 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.

Moreover, the petitioner submitted that the Deputy Collector issued the aforementioned notice, who is not a competent authority as per the Regulations.

Reliance was placed on the Apex Court decision in Sabmiller India Ltd. v Union of India & Ors. [2019 (2) KHC 484] to argue that 'a challenge can be raised against a show-cause notice if the statutory authority transgresses the limits of its jurisdiction.'

Senior Central Government Standing Counsel S Manu appeared for the Administration and submitted that the petitioner had already submitted a representation opposing the notice to the competent authority.

The Court after hearing the parties issued the order staying proceedings to demolish the madrassa and directed the respondents to consider the materials produced by the petitioner and take a decision in consonance with the law after affording him an opportunity of being heard.

Title: The President AL MADRASATHUL ULOOMIYA v Union Territory of Lakshadweep

Click Here To Read The Order