KOCHI: The Kerala High Court has stayed the notice issued by the Lakshadweep administration for eviction and demolition of four-decade-old madrasa -- Al Madrasathul Uloomiya -- on Minicoy Island.
Justice Raja Vijayaraghavan issued the order on a petition filed by Zainul Abid, the president, Al Madrasathul Uloomiya, Minicoy seeking to quash the notice.
The petitioner pointed out that the madrasa was established in 1980 for imparting religious instructions to the children of officials coming from the mainland or other islands working in governmental and quasi-governmental institutions in Minicoy Island and unfamiliar with the language (Mahal) predominantly spoken on Minicoy Island.
The petitioner pointed out that the Deputy Collector of Lakshadweep has issued a show-cause notice requiring the madrasa to explain why proceedings under the Laccadive, Minicoy & Amindivi Islands Land Revenue and Tenancy Regulations, 1965 should not be initiated for evicting it from the allotted premises treating it as a 'trespasser'.
The petitioner submitted that the deputy collector is not a competent authority to issue the notice. The petitioner pointed out that he has been allotted land under Regulation 14(2) and hence, he cannot be categorised as a person occupying the land without lawful authority.
The court directed the Lakshadweep administration to file a counter affidavit within four weeks. "Till such time, the administration shall not make any attempt to interfere with the possession of the petitioner over the madrasa which is the subject matter of notice nor shall they demolish any structures," held the court.