AYANA CHARITABLE TRUST Vs. STATE OF KERALA

JUDGEMENT

(1.) The Government of Kerala identified lands in Re- Survey Nos. 281, 282, 283 of Block No.22, Erumeli South Village, Kanjirappally Taluk and Survey No.299 of Block No.21, Manimala Village, Kanjirappally Taluk, having an extent of 2263.18 Acres for setting up of new Green- field Airport at Sabarimala.

(2.) The aforesaid land originally was part of the estate of M/s.Harrisons Malayalam Plantations Ltd. This estate is popularly known as Cheruvally Estate. By change of hands, the aforesaid estate stands in the name of Ayana Charitable Trust, the first petitioner herein of which the second petitioner is the chief functionary.

(3.) The Government initiated land conservancy proceedings against the estate held by the Harrisons Malayalam Plantations Ltd. A Division Bench of this Court in a reported judgment in Harrisons Malayalam Ltd. v. State of Kerala [2018 (2) KLT 369] in a challenge made by Harrisons Malayalam Limited including the first petitioner-Trust found that the proceedings under the Kerala Land Conservancy Act, 1957 (hereinafter referred to as the KLC Act) is without any jurisdiction. The Division Bench was of the view that disputed question of title which was raised in the land conservancy proceedings cannot be decided in summary proceedings under the KLC Act. This was taking note of the long- settled possession of Harrisons Malayalam and its assignees over the land. The Division Bench was of the view that all the questions related to the title and interest of the land can be decided if the State institute a civil suit for recovery. The Division Bench also observed that since the State asserts title over the land, it is for the State to file such a suit. The Division Bench also found that dispute on title raised by the writ petitioners in a challenge to the proceedings under the KLC Act was a bona fide dispute. The Special Leave Petition filed by the State Government was also dismissed by the Apex Court.