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The eviction and demolition of a long-standing madrassa in Lakshadweep were halted by the Kerala High Court on Monday (The President v Union Territory of Lakshadweep) The interim judgement was issued by single-judge Justice Raja Vijayaraghavan, who also directed the administration of the Union Territory to file a reply affidavit within four weeks. "Until then," the Court said, "the respondents shall not interfere with the petitioner's possession of the madrasa that is the subject of the (show cause) notice, nor shall they demolish any structures." The President of the Al Madrasathul Uloomiya at Minicoy Island, Lakshadweep, had filed a plea with the Court. He challenged a show-cause notice issued by the administration to evict the Madrassa from its assigned premises before the High Court. According to Advocate P Deepak, appearing for the petitioner, the show cause notice was issued invoking Regulation 15 of the 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 currently occupies.
He stated, however, that because the petitioner was given land in 1980 under Regulation 14(2) of the Regulations, he cannot be classified as a person occupying pandaram land without legitimate permission. According to the rules of the regulation, the jurisdictional body was obligated to adopt an order permitting or denying authorization to divert the land before issuing the notification, he stated. Furthermore, he claimed that the notice was issued by the Deputy Collector, who, according to the regulations, is not a competent authority. He used the Supreme Court's decision in Sabmiller India Ltd. v Union of India and Ors. to argue that a show-cause notice might be challenged if the statutory authority exceeds its authority. He also claimed that the administration has been preparing to demolish the building in a rapid way, which he claims is an abuse of statutory power.
The petitioner has already submitted a representation contesting the notice to the appropriate authority, according to Senior Central Government Standing Counsel S Manu, who is representing the Union Territory. After hearing the parties, the Court issued an order halting the demolition of the madrassa and directing the respondents to evaluate the petitioner's materials and make a judgment in accordance with the law after giving him an opportunity to be heard. After four weeks, the case will be heard again.
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