“If There Is An Order, It Should Be Respected”: Kerala High Court Grants State 2 Weeks To Carry Out Malayodamthuruthu Eviction

The Kerala High Court on Monday (May 25) granted 2 weeks' time to the State to carry out the eviction of the families residing in the contentious Malayodamthuruthu in Ernakulam district.The issue dates back to 1984 when suits were instituted before the Munsiff Court, Perumbavoor by late Sankaran Nair seeking declaration of title of Pariyathukavu colony in Malayidomthuruthu. The Munsiff Court had decreed the suit in 2008 and litigations reached the Apex Court, which ultimately upheld the Munsiff's court findings.Following these developments, execution proceedings were initiated but it could not be carried out, necessitating the descendants of Sankaran Nair to approach the High Court in another plea (OP(C) 3314/2025). The Court, in March this year, disposed of the afore plea, and directed the Munsiff Court, Perumbavoor to issue necessary directions to the concerned police officers, to assist the Amin and the Advocate Commissioner to execute the order in letter and spirit by granting necessary protection.However, the execution could not be carried out even then and the State approached the High Court present proceedings. According to reports, the government has assured the families living there that they would receive its support.Today, when the matter came up for consideration before Justice T.R. Ravi, Advocate General Jaju Babu submitted that the government is taking efforts to sort out the issue amicably and 2 weeks' time is required to do the same.The Court today orally remarked: "I don't want to interfere with any of those aspects. If there is an order, it should be respected. It is as simple as that. I have nothing personal in any of these matters. I do not even know any of you people...This is a case where court is becoming helpless..."While hearing the case, the respondents, including some of the family members residing in the colony, submitted that some of the party respondents are residents of the area in question and they have been living there for three generations. It was submitted that they are not obstructing the execution of the decree but are residing there peacefully.However, the Court said that since none of them filed any obstruction petition before the execution court or any independent suits to enforce their rights over the property, they have no legal rights to remain in the property. It also noted that there is large-scale obstruction to the effective execution of the directions."If they are residing in the plaint schedule property, necessarily, they should have a pre-existing right and the said right should have been enforced in a manner known to law. So long as it is not done, they cannot obstruct. In the above circumstances, since it is submitted that effort is being taken by the government, the time granted by this Court is extended by a further period of 2 weeks. Post after 2 weeks," the Court passed an interim order.The case is posted to June 9 next.Case No: OP(C) 1129/2026Case Title: Superintendent of Police and Anr v. Sankaran Nair (Died) and Ors.Click to Read/Download Judgment in OP(C) 3314/2025

“If There Is An Order, It Should Be Respected”: Kerala High Court Grants State 2 Weeks To Carry Out Malayodamthuruthu Eviction

K. Salma Jennath

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“If There Is An Order, It Should Be Respected”: Kerala High Court Grants State 2 Weeks To Carry Out Malayodamthuruthu Eviction

K. Salma Jennath

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