1. This is an application for a writ of certiorari or other appropriate writ or order quashing Ext. P8 order passed by the Administrator, Union Territory of Laccadives, Minicoy and Amindivi Islands. Sheikriyammadath was an ancient family having its residence at Androth Island, forming part of the Laccadive Islands. The family was governed by the customary law of the Island. There were two tavazhies in the family; one tavazhi was represented by one Saudabi; the petitioner is her son, and represents the tavazhi now. The other tavazhi consisted of two brothers. Sheik Koya and Muthu Koya. Muthu Koya died and the tavazhi was being represented by Shiek Koya. He died sometime in 1963 and that tavazhi is now represented by respondents 2 to 7, the legal representatives or Shiek Koya. The two tavazhies agreed to divide the properties of the tarwad by a razi dated 8-12-1941 filed in the Amin's Katchery in the Island. According to the provisions of this razi, even after partition, the properties were to be managed by Sheik Koya and Muthu Koya, who agreed to give half the income from the properties to the tavazhi represented by the petitioner. It was also provided in the razi that if default is made in the payment of the one-half income to the tavazhi represented by the petitioner, the properties should be divided by metes and bounds. Alleging that half the income was not paid Saudabi filed a civil suit for partition by metes and bounds of the properties of the tarwad. That was ordered by the Collector of Malabar on 30 51947 (Ext. P1). Petitioner thereafter moved for actual division of the properties. The proceedings were transferred to the Administrator's file and the Administrator while ordering the division directed that in accordance with the custom of the island, the properties should not be alienated, sold, gifted or hypothecated even after the division. Petitioner filed O. P. No. 49 of 1963 in this Court contending that the direction in the Administrator's order, namely, that even after division the properties should not be alienated, sold, gifted or hypothecated, is unsustainable. Sheik Koya filed O. P. No. 305/1963 against the order contending that the order for division was passed without jurisdiction. This Court by a common judgment (Ext. P3), dated 29 61964 allowed O. P. 49/1963 by setting aside the direction of the Administrator prohibiting the alienation, gift etc. of the properties and directing him to consider the matter afresh, and dismissed O. P. 305/1963. Thereafter, the petitioner put in a petition on 8 101964 before the Administrator praying for division of the properties into two shares and for handing over the share of the petitioner's tavazhi to him. The Administrator passed an order on 9101964 directing execution (Ext. P-5). On 2-21965, Amin completed the division of the properties as directed by the Administrator. On 4-4-1965, the Administrator passed Ext. P-8 order. In Ext. P-8, the Administrator held that,

"According to the evidence produced before the Court, it is clear that tarwad properties should not be alienated, gifted, sold or hypothecated. I, therefore, agree with the opinion expressed by the assessors

In the result, I hereby order that the properties of Shakriyammada tarwad should not be alienated, sold, gifted, or hypothecated even after partition."

2. It was submitted for the petitioner that there is no evidence to substantiate a custom prohibiting alienation of properties, even after actual division of the properties of a tarwad among the tavazhies, that the documents relied on to evidence such a custom do not prove it, that the custom is unreasonable and against public policy, that it is violative of the fundamental right of the petitioner as a citizen of India to bold and dispose of property under Art.19(1) (f), that the custom became void with the advent of the Constitution and that the decision based on such a custom is without jurisdiction and should be quashed. It was also submitted t