Pariyathukavu dispute: Kerala HC puts on hold munsiff court’s eviction order

Kochi: High court on Monday brought to an end a six-decade-long legal battle over a disputed parcel of land at Pariyathukavu in Malayidamthuruth, Perumbavoor, by keeping in abeyance for one year the execution of a munsiff court order directing the eviction of seven Dalit families from the property.Justice T R Ravi passed the order to enable the state govt to rehabilitate the families by constructing houses for them in terms of an amicable tripartite settlement arrived at between the parties and the govt. While closing the pending proceedings, HC clarified that the parties would be at liberty to approach it in the event of any violation of the settlement at a later stage.The dispute traces its origin to a suit filed before the Perumbavoor munsiff court in 1984 over the ownership of 2.62 acres at Malayidamthuruth.

The suit was eventually decreed in favour of the late Sankaran Nair of Kizhakkambalam. Although the defendant families, who had been residing on the land, pursued several legal remedies thereafter, all their attempts proved unsuccessful. This ultimately culminated in execution proceedings, in which the munsiff court directed the eviction of the seven Dalit families by May 25, triggering the present controversy and public protests.

However, on an interlocutory application filed by the superintendent of police, Ernakulam, seeking a stay of the eviction proceedings on the ground of possible law-and-order issues, HC intervened and granted additional time for the execution of the decree. Meanwhile, a settlement was reached during discussions convened by the state govt on June 14. Under the agreement, the private landowner agreed to allot five cents of land each to the seven families from the disputed property.

The state govt, in turn, undertook to construct houses for the families within one year and provide the necessary road access. Until the new houses are completed, the families will be permitted to continue residing in their existing homes.Taking note of the settlement, HC on Monday closed the proceedings and kept in abeyance the execution of the munsiff court’s eviction order for one year to enable the state govt to implement the terms of the agreement.