KOCHI: In the early hours of September 4, residents of Mar Thoma Bhavanam, a monastery-cum-convent run by The Order of Canons Regular of the Holy Cross congregation at Kaipadamugal, Kalamassery, were awakened by sounds of a JCB demolishing the seven-foot-tall boundary wall surrounding the property.
Over 100 metres of the wall, enclosing around seven acres of land belonging to the congregation, were bulldozed by a group of people numbering around 60. Claiming ownership of the land, they encroached upon the land and set up temporary structures of concrete board right in front of the main entrance of the establishment of the Syro-Malabar Catholic Church.
Speaking to TNIE, Fr George Paracka, the superior of Mar Thoma Bhavanam, rubbished the claims. “The land that is being claimed by encroachers had been in Mar Thoma Bhavanam’s possession for the past 45 years. It was bought legally,” he said.
The bhavanam was built after purchasing parcels of land, he said “The plot in contention was bought from a man named Hanifa in 1982 after paying Rs 12,50,000. A cheque for the amount was issued. It should be understood that all the land on which the convent exists had been registered except for the six acres of land bought from Hanifa.”
Even after multiple requests from the superior to hand over the deed of the land and complete the registration process, Hanifa continued to delay it, citing various reasons. “We came to know, later on, that he had pledged the deed with the Food Corporation of India (FCI) to tide over financial problems after his business went belly-up.
Taking note of the fraud committed by Hanifa, the bhavanam approached the court. The deed of a property that has been sold can’t be pledged to take a loan. In 2007, the Ernakulam sub-court gave its verdict in favour of the bhavanam,” says Fr George.
The court decree says that no one else can enter the land since the title deed and possession right belong to Mar Thoma Bhavanam, he said.
“In 2008, the bhavanam filed a suit for specific performance with the High Court. However, it is understood that Hanifa’s children drew up a fake deed and sold the land to three people in 2010. In 2022, those who bought the land from Hanifa’s children approached the HC for mutation of the property. It is learnt that they submitted the fake deed.
The HC sought a report from the tehsildar. The tehsildar’s report was in favour of the bhavanam. The encroachment appears to be an act of last resort,” Fr George said. He added that the encroachers threatened the nuns of the convent, and even blocked the main entrance.
The bhavanam registered a complaint with Kalamassery police, and an FIR has been filed against unidentified persons. “The thugs destroyed 150 metres of the compound wall and damaged the CCTV and water supply line to the convent,” said Fr George.
The Kerala Catholic Bishops’ Council (KCBC) Social Harmony and Vigilance Commission issued a statement condemning the encroachment. “There was a long court case over the land in contention. The court ruled in favour of the bhavanam. The High Court upheld the verdict. The encroachment comes as the verdict on a case pending with the Munsif Court is about to be rendered,” the official body of the KCBC said.
“The hope is for justice through the legal proceedings. Since the incident, some people have tried to portray this as a Christian-Muslim dispute. Some recent Facebook posts appear to push this angle. While extending our support to the bhavanam, let us also recognise the unwarranted attempts at communal polarisation from some quarters,” the commission cautioned.