Kerala High Court stays demolition of Madrassa in Lakshadweep [Read Order]

The Kerala High Court on Monday stayed the eviction and demolition of a long standing madrassa in Lakshadweep (The President v Union Territory of Lakshadweep).Single-judge Justice Raja Vijayaraghavan passed the interim order while directing the administration of the Union Territory to file a counter affidavit within four weeks. "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 said. .The Court was hearing a petition filed by the President of the Al Madrasathul Uloomiya situated in Minicoy Island, Lakshadweep. He approached the High Court challenging a show cause notice that was issued by the administration to 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.As per the provisions of said regulation, before issuing the notice, the jurisdictional authority was required to pass an order allowing or declining permission to divert the land, he added.Moreover, he argued that the Deputy Collector issued this notice, who is not a competent authority as per the regulations.He placed reliance on the judgement of the Supreme Court in Sabmiller India Ltd. v Union of India and Ors. to argue that a challenge can be mounted against a show cause notice if the statutory authority transgresses the limits of its jurisdiction.The administration has also been preparing to demolish the building in a hasty manner, he alleged, which betrays abuse of statutory power..Senior Central Government Standing Counsel S Manu, appearing for the Union Territory, pointed out that the petitioner has 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 law after affording him an opportunity of being heard.The case will be heard again after four weeks..[Read Order]