Kerala HC stays demolition of 40-yr-old madrassa in Lakshadweep

The Lakshadweep Administration had recently issued a notice ordering the eviction and demolition of a four-decade-old madrassa in Minicoy Island saying the structure was built illegally in government land

Kochi (Kerala):The Kerala High Court has stayed the Lakshadweep Administration's notice that ordered the eviction and demolition of a four-decade-old madrassa in Lakshadweep's Minicoy Island. Justice Raja Vijayaraghavan passed the interim order on a petition filed by Zainul Abid, president of Al Madrasathul Uloomiya, that sought to quash the show cause notice. Justice Raja Vijayaraghavan also directed the Lakshadweep Administration to file a counter affidavit within four weeks. Stating that the matter will be heard again, the court ordered that the respondents shall not make any attempt to interfere in the madarassa issue.

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' (government land) without lawful authority.

According to the provisions of the 1980 regulation, the jurisdictional authority was required to pass an order allowing or declining permission to divert the land before issuing the notice. The court said that the deputy commissioner, who slapped the notice on the madrassa, was not a competent authority as per the regulation.

Few other landowners Kalpeni island, too, had received similar notices recently. The notices summoned quick response and warned demoliton if the records produced were found unsatisfactory. Those in islands of Kavaratti, Bengram, Cherriyam and Suhali had also received notices warning of demolition of buildings, including homes,within 20 metre of the coastline.

With agency inputs