The Kerala High Court has stayed a notice issued by the Lakshadweep administration to demolish a four-decade-old Madrasa in Minicoy Island. The court asked the administration to file a counter affidavit within four weeks, Live Law reported.
Justice Raja Vijayaraghavan passed the interim order on a petition filed by Zainul Abid, the president, Al Madrasathul Uloomiya seeking to quash the show cause notice of the Lakshadweep Administration.
The show-cause notice by the administration 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, petitioner argued that the land for the madrasa was allotted in 1980 under Regulation 14(2) of the Regulations, and hence, he cannot be categorised as a person occupying pandaram land without lawful authority.
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.
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