Kerala High Court Grants State 2 Weeks To Resolve Malayodamthuruthu Eviction Issue

The Kerala High Court on Monday (May 25) granted 2 weeks' time to the State to resolve the issue with regard to proposed eviction of the families residing in the contentious Malayodamthuruthu in Ernakulam district.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."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 two weeks," the court said. 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.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."The counsel for the respondents submitted that some of the party respondents are residents of the area in question and they have been living there for three generations. However, admittedly none of them have filed any obstruction petition before the execution court nor have they filed any independent suit to enforce their rights over the property. It is submitted that they are not obstructing the execution of the decree but they are residing there peacefully. The two submissions do not go together. If they are residing in the plaint schedule property, necessarily they should have a pre-existing right and the said right should have been attempted to be enforced in a manner known to law," the court said. 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 Here To Read/Download OrderClick to Read/Download Judgment in OP(C) 3314/2025

Kerala High Court Grants State 2 Weeks To Resolve Malayodamthuruthu Eviction Issue

K. Salma Jennath

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Kerala High Court Grants State 2 Weeks To Resolve Malayodamthuruthu Eviction Issue

K. Salma Jennath

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers