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2026 Supreme(Ker) 510
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J.
Moideenkutty Son Of Endheenkutty – Appellant
Versus
The Kerala State Minority Commission Anjaneya - Respondent
WP(C) NO. 15842 OF 2026
Decided on : 05-05-2026
For the Appellant : SHRI.LUKE J CHIRAYIL SHRI.ZAINUDHEEN P. SMT.CHITHRA C.EDADAN SHRI.JACOB VICTOR SMT.NEHA RAMAKRISHNAN SHRI.A.R.THEJAS KRISHNA SHRI.ASWANTH S. P.
For the Respondent: SHRI.JIBU P THOMAS SRI.NAGRAJ NARAYANAN FOR R1 SRI.SAIJO HASSAN FOR
SHRI.RAJESH BABU T. SHRI.BAPPU GALIB SALAM SMT.ALIYA MUHAMMED SHADULI SMT.SNEHA SABU
Minority Commission lacks jurisdiction to order eviction; must refer to civil court; limited to recommendations under Act.
Headnote:The Kerala State Commission for Minorities Act, 2014 (Section 9) establishes functions for evaluating minority development, inquiring into safeguards under the Constitution or laws, and making recommendations to Government, but lacks jurisdiction for eviction orders. Petitioner executed sale deeds but alleged undue influence and fraud, remaining in possession; second respondent filed complaint with Commission seeking eviction, leading to order and execution bypassing civil court. Court found Commission exceeded jurisdiction by directing eviction without statutory power, quashing orders as colourable exercise. Issues framed: Whether Commission has jurisdiction under Section 9(c) to entertain eviction complaint and pass binding orders, bypassing civil court. Ratio: Section 9(c) permits inquiry into rights deprivations and suggestions to authorities, not eviction; Section 9(e) limits to recommendations; no provision empowers direct eviction orders or instructions to police/revenue authorities; equity cannot override lack of jurisdiction. Writ petition allowed; Exts.P4, P5, P6 quashed; Ext.P3 declared not maintainable; respondents to restore possession to petitioner within two days; liberty to second respondent to approach civil court.
JUDGMENT :
EASWARAN S., J.
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 & 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 24.04.2026, this Court had issued notice to respondents 1 and 2 by special messenger. Respondents 1 and 2 have appeared before this Court.
4. Though the second respondent vehemently asserted before this Court that the first respondent has got requisite jurisdiction to entertain Ext.P3 complaint and order eviction of the petitioner from the property, he was unable to show before this Court any such specific provision under the Kerala State Commission for Minorities Act, 2014.
5. Heard Sri. Luke J. Chirayil, the learned counsel appearing for the petitioner, Sri.Nagaraj Narayanan, the learned Standing Counsel for the first respondent, the learned counsel appearing for the second respondent and the learned Government Pleader appearing for respondents 3 to 7.
6. Kerala State Commission for Minorities Act, 2014 was enacted to constitute a State Commission for the comprehensive educational advancement, welfare, protection and empowerment of Minorities and to provide the matters connected therewith or incidental thereto. Section 9 deals with the functions of the Commission. A close reading of Section 9 would show that the Commission shall have the following powers:
“ 9. Functions of the Commission.—The Commission shall perform the following functions, namely:—
(a) to evaluate the progress of the development of minorities in the State;
(b) to enquire and monitor the manner of functioning of various safeguards provided, in the Constitution of India or under any other law or under any order of the Government, for the welfare, protection and empowerment of the minorities in Kerala;
(c) to enquire in to specific complaints about deprivation of social, economic, educational and linguistic rights, safeguards and benefits of the minorities, to bring such matters into the notice of authorities concerned, to suggest remedial measures and to monitor the follow-up actions thereon;
(d) to participate in and give creative suggestions on, the planning programmes for the educational, social and economic development of the minorities;
(e) to make recommendations as to the steps to be taken by the Government for the effective implementation of the measures and safeguards for the educational, social and economic development, welfare and protection of the minorities and to make report to the Government either annually or at such other time, as the Commission may deem fit and to monitor their timely implementation;
(f) to cause studies to be undertaken into various problems arising out of discrimination towards minorities and recommend measures for their removal;
(g) to conduct studies, r
