KOTTAYAM: In a decision which is expected to have far-reaching impact regarding the fate of legal disputes over the ownership of plantation estates in Kerala, the Pala sub-court will deliver its verdict on Monday in the Cheruvally Estate land dispute case between the state government and Ayana Charitable Trust under Believers Church.
The verdict is expected to set a precedent and prove crucial in resolving a broader spectrum of ownership disputes affecting plantation estates throughout Kerala.
This verdict will be the first among 25 cases currently pending in various courts across Kerala, involving disputes between the state government and various plantation owners including Harrisons Malayalam Plantation Limited. The verdict is all the more crucial for the government as Cheruvally Estate is the site identified for the proposed Sabarimala International Greenfield Airport in Erumeli.
The state government filed the suit in the Pala sub-court in 2019 for recovering the 2,263-acre estate situated in Erumeli South and Manimala villages. The government contends that the land is state property, which was unlawfully transferred by Harrisons Malayalam Limited (HML) to the Ayana Charitable Trust, formerly known as Gospel for Asia, in 2005.
In 2015, M G Rajamanickam, a special officer appointed by the state under the Kerala Land Conservancy Act to review plantations on long-term leasehold, found the transaction of Cheruvally Estate was illegal and ordered the resumption of land.
Around 3L acres held by various firms in Kerala
The acquisition was annulled by the High Court following a petition filed by HML, the previous owner of the land. Subsequently, the Kottayam district collector, representing the state government, approached the Pala sub-court after directives from the HC and the Supreme Court to pursue the matter in civil court to secure the land.
During the trial, the government argued that Cheruvally is recorded as ‘pandaravaka pattom’ in the Settlement Register, which is the basic and fundamental document to determine title.
“This apart, two deeds in 1947 also classified it as pandaravaka pattom land, indicating that the government had leased the property to HML. However, HML asserted ownership when transferring it to the Ayana Trust, an action deemed illegal,” said advocate Saji Koduvath, government pleader.
It is estimated that approximately 3 lakh acres of land are held by various companies across Kerala, with HML alone possessing around 1 lakh acres. The government has initiated around 25 legal cases in various courts to reclaim these lands.
Given that the Cheruvally estate is being considered for the airport, there is significant concern and uncertainty regarding the next steps. Regardless of the verdict, an appeal before the Supreme Court is anticipated. Should the verdict favour the Believers Church, the government has the option to accept the decision and purchase the land from the Church for the construction of the Sabari Airport in Erumeli.
The Believers Church has consistently expressed no objection to the airport project and has indicated its willingness to provide the necessary land at a negotiated price.