Sabarimala airport plan: Court rules against Kerala govt in Cheruvally land case

In a setback to the Kerala government, a court in Pala on Monday (January 19) ruled against the state in a seven-year-old dispute over the ownership of the Cheruvally estate at Erumeli. The disputed land was where the state had proposed a site for the Sabarimala International Greenfield Airport.

Also read: Sabarimala greenfield airport faces setback as Kerala HC quashes key approvals

This order will also have ramifications regarding the long-pending dispute between the state government and the land’s plantation owners, following a 2015 report recommending the “resumption” of the said land by MG Rajamanickam, a Special Officer appointed under the Kerala Land Conservancy Act designated to scrutinise long-term plantation leases, as per local media reports.

Civil suit

In 2015, special officer MG Rajamanickan declared the transfer of the disputed landillegal and ordered its “resumption”.

However, that order was later struck down by the High Court following a challenge by Harrisons Malayalam Limited (HML). The High Court and Supreme Court then directed the state to pursue the case via civil courts, hence a suit was filed at the Pala Sub Court. The defendants in the case are the Ayana Charitable Trust, HML and Sini Punnose.

Ownership dispute

The Court, in its order, pronounced the sale of the 2,263-acre estate by the defendants Harrisons Malayalam Limited (HML) to Ayana Charitable Trust in 2005 as valid.

The case involved an ownership dispute between the state government and the Ayana Charitable Trust, which falls under the KP Yohannan-led Believers’ Church.

Also read: Despite laws, why inheriting parental property remains a challenge for women

In 2019, the state government had approached the Sub Court seeking to reclaim the property, which spans Erumeli South and the Manimala villages, arguing that the land was government-owned and had been illegally transferred to the defendants.

The state government filed the case in 2019, arguing that the property located in Erumeli South village was known as Pandaravakapattom land, as mentioned in the 1910 settlement register, considered the basic and fundamental document that determinestitle.

Defense argument

While the hearing’s proceedings were being conducted, the state argued that the land falls under the Pandaravakapattom category - which indicated that it was only leased to HML.

However, the defendants argued that they had acquired rightful ownership as their predecessors were in possession of land for over a century and they have a right of 'adverse possession' - which is a doctrine allowing someone to claim ownership of a land under certain conditions kept for a certain time period.

Also read: Sabarimala gold loss probe: SIT arrests chief priest in fresh case

The trust authorities also cited that the Kongoor Namboothiris had a birthright over this forest land in Manimala village, and they were the ones who sold said right to the predecessors of the defendants in 1947. They also quoted title deed numbers, produced entries from the Basic Tax Register as well as tax receipts to substantiate their claim, as per local media reports.