Court to give verdict on Cheruvally estate ownership case on Monday

In a judgment expected to have far-reaching implications for a wide spectrum of ownership disputes involving plantation estates across Kerala, the Sub Court, Pala is slated to pronounce on Monday its verdict in the case over the ownership of the Cheruvally estate in Erumely.

At the heart of the case is a prolonged ownership battle between the State government and the Ayana Charitable Trust under K.P. Yohannan’s Believers’ Church. The case has assumed added significance as the Cheruvally estate has been identified as the proposed site for the Sabarimala International Greenfield Airport.

The ruling, meanwhile, is also expected to set a precedent for the remaining cases and influence the State’s broader efforts to reclaim plantation lands.

State’s contention

The State government moved the Sub Court in 2019, seeking to reclaim the 2,263-acre estate spread across Erumely South and Manimala villages. The government argues that the land is State property that was illegally sold by Harrisons Malayalam Limited (HML) to Ayana Charitable Trust, then known as Gospel for Asia, in 2005.

In 2015, M.G. Rajamanickam, a special officer appointed under the Kerala Land Conservancy Act to scrutinise long-term plantation leases, declared the transfer illegal and ordered the resumption of the land. That order, however, was later struck down by the High Court following a challenge by HML, forcing the State to pursue the matter through civil courts, as directed by both the High Court and the Supreme Court.

During the trial, the government has leaned on historical records to argue that the estate is recorded as Pandaravakapattom land in the Settlement Register, the primary document used to determine land title. “In addition, two deeds from 1947 also classify the property as Pandaravakapattom, clearly indicating that the government had leased the land to HML. Despite this, HML claimed ownership while transferring the land to the Ayana Trust, which is illegal,” said Special Government Pleader Saji Koduvath.

An estimated three lakh acres of land are held by private companies across Kerala. The outcome of this case is expected to shape the State’s strategy in reclaiming such properties.

With the Cheruvally Estate being considered as the site for the proposed airport, the verdict has generated considerable anticipation. The Believers’ Church has consistently stated that it has no objection to the airport and has expressed willingness to provide the required land at a mutually agreed price. Earlier, the High Court had restrained the State government from taking over the property for the airport project, directing that any compensation be deposited with the court.