Pariyathukavu eviction: Kerala CM assures rehabilitation; HC grants two more weeks
Thiruvananthapuram/Kochi: Chief minister V D Satheesan on Monday said state govt would not abandon the families facing eviction at Pariyathukavu in Malayidamthuruthu, Ernakulam. “This govt will not throw them out onto the streets. It will protect them. They will be rehabilitated,” the CM assured. Meanwhile, Kerala HC granted govt an additional two weeks to evict the seven Dalit families from the disputed land.
Speaking to reporters after the cabinet meeting, Satheesan said he was “shocked” by the agitation and emotional scenes that unfolded at Pariyathukavu, where residents facing eviction had launched protests. Satheesan also criticised the CPM-led opposition for what he described as political opportunism. He pointed out that two former ministers from the previous LDF govt visited the protest site and expressed solidarity with the residents, despite eviction proceedings being repeatedly initiated during their tenure.
“During the previous govt’s tenure, officials had gone there 14 times to carry out eviction. Those who never went there even once during those 14 occasions have now gone there after our govt came to power, claiming that they stand with the people,” Satheesan said. The CM said govt had already initiated discussions with all stakeholders to arrive at a solution. According to him, talks have been held with the affected families, those who filed cases against them and the advocate general (AG).
The bench of Justice T R Ravi granted the additional two weeks in response to the submission made by the AG on behalf of the govt that earnest efforts were being taken to resolve the issue. HC further adjourned the petition filed by the superintendent of police, Ernakulam, seeking a stay on the eviction proceedings citing law-and-order concerns, to June 9.
The dispute arose from a 1984 suit before the Munsiff Court, Perumbavoor, concerning the ownership of 2.62 acres at Pariyathukavu, which was decreed in favour of the late Sankaran Nair of Kizhakkambalam. Although the defendants — the Dalit families — pursued a series of litigations, the higher courts, including Supreme Court, upheld the decree and judgment, following which an execution order was issued to evict the families before May 25. When an eviction attempt was made on May 20, the families, along with certain others, blocked officials and threatened mass suicide, forcing the authorities to withdraw.
During hearing on Monday, HC asked whether the families could obstruct the execution of a court order. “Have they filed any obstruction petitions? Are all the obstructors really staying on the disputed land? If they are staying there, the authorities can at least talk to them and find a solution. If they have come from somewhere else and started obstructing, there will be no rule of law,” the court observed.
In reply, some of the party respondents submitted that they had been living there for three generations. They added that they were not obstructing the execution of decree but were residing there peacefully. HC further observed that if they were residing there, they should necessarily have a pre-existing right and that right should have been enforced in a manner recognised by law. So long as that was not done, they could not obstruct the execution proceedings, the court said.
“During the previous govt’s tenure, officials had gone there 14 times to carry out eviction. Those who never went there even once during those 14 occasions have now gone there after our govt came to power, claiming that they stand with the people,” Satheesan said. The CM said govt had already initiated discussions with all stakeholders to arrive at a solution. According to him, talks have been held with the affected families, those who filed cases against them and the advocate general (AG).
The bench of Justice T R Ravi granted the additional two weeks in response to the submission made by the AG on behalf of the govt that earnest efforts were being taken to resolve the issue. HC further adjourned the petition filed by the superintendent of police, Ernakulam, seeking a stay on the eviction proceedings citing law-and-order concerns, to June 9.
The dispute arose from a 1984 suit before the Munsiff Court, Perumbavoor, concerning the ownership of 2.62 acres at Pariyathukavu, which was decreed in favour of the late Sankaran Nair of Kizhakkambalam. Although the defendants — the Dalit families — pursued a series of litigations, the higher courts, including Supreme Court, upheld the decree and judgment, following which an execution order was issued to evict the families before May 25. When an eviction attempt was made on May 20, the families, along with certain others, blocked officials and threatened mass suicide, forcing the authorities to withdraw.
During hearing on Monday, HC asked whether the families could obstruct the execution of a court order. “Have they filed any obstruction petitions? Are all the obstructors really staying on the disputed land? If they are staying there, the authorities can at least talk to them and find a solution. If they have come from somewhere else and started obstructing, there will be no rule of law,” the court observed.
In reply, some of the party respondents submitted that they had been living there for three generations. They added that they were not obstructing the execution of decree but were residing there peacefully. HC further observed that if they were residing there, they should necessarily have a pre-existing right and that right should have been enforced in a manner recognised by law. So long as that was not done, they could not obstruct the execution proceedings, the court said.
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