MOIDEENKUTTY Vs. KERALA STATE MINORITY COMMISSION

JUDGEMENT

(1.) A peculiar case has arisen for consideration which warrants immediate attention of this Court and hence the matter is taken up on board for final consideration during the vacation sitting.

(2.) Two sale deeds were executed by the petitioner in favour of the second respondent. Petitioner claims that despite Exts.P1 and P2, he continues to be in occupation of the residential property covered by the said documents and further has got a case that the documents are executed by exerting undue influence and fraud. The second respondent invoked the jurisdiction of the Kerala State Minority Commission (first respondent) by filing Ext.P3 application praying that action be taken to evict the petitioner from the residential property covered by Exts.P1 and P2. Despite lacking jurisdiction to entertain the complaint in terms of the provisions contained under the Kerala State Commission for Minorities Act, 2014, the first respondent appears to have proceeded to pass Ext.P4 order directing to evict the petitioner from the premises and issued Ext. P5 communication to the respondents 4, 6 and 7 for taking such action for evicting the petitioner. Accordingly, the fourth respondent has issued Ext. P6 notice requiring the petitioner to vacate the premises. It is stated that the petitioner has since been evicted from the premises after taking inventory as evident from Ext.P7.

(3.) On 24/4/2026, this Court had issued notice to respondents 1 and 2 by special messenger. Respondents 1 and 2 have appeared before this Court.