Kerala High Court
Stephen Abraham vs The Manager, Perumal Smaraka Nidhi on 17 December, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
2025:KER:97401
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY,THE 17TH DAY OF DECEMBER 2025/26TH AGRAHAYANA,1947
OP(C) NO. 1185 OF 2021
AGAINST THE ORDER DATED 07.06.2021 IN OA NO.13 OF 2018
ON THE FILES OF LAND TRIBUNAL, RANNY
PETITIONER/PETITIONER:
TANYA ALICE STEPHEN
AGED 38 YEARS
D/O. STEPHEN ABRAHAM, PALLATHARA HOUSE,
SACHIVOTHAMAPURAM, MUNDUKOTTAKKAL,
CHETHACKAL MURI, RANNY TALUK,
PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.M.P.SREEKRISHNAN
SRI.A.MUHAMMED MUSTHAFA
RESPONDENTS/RESPONDENTS:
1 MANAGER, PERUMAL SMARAKA NIDHI
KOTTARATHIL BHAJANAMADOM, PERUMPUZHA,
RANNI, PATHANAMTHITTA - 689672.
ADDL.R2 LAND TRIBUNAL RANNI RANNI TALUK OFFICE,
DINDIGUL - THENI - KOTTARAKKARA HIGH WAY,
SH-8, RANNI, KERALA,
PIN-689672.
2025:KER:97401
OP(C) NO. 1185 OF 2021 & Conn.Cases
2
(ADDITIONAL RESPONDENT NO.2 IMPLEADED VIDE ORDER
DATED 16/11/2023 IN IA 1/2023 IN OP(C) 1185/2021).
BY ADV SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
SRI. ASWIN SETHUMADHAVAN, SR. GP.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2025, ALONG WITH OP(C).1132/2021, 1251/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(C) NO. 1185 OF 2021 & Conn.Cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY,THE 17TH DAY OF DECEMBER 2025/26TH AGRAHAYANA,1947
OP(C) NO. 1132 OF 2021
AGAINST THE ORDER DATED 07.06.2021 IN OA NO.24 OF 2016
ON THE FILES OF LAND TRIBUNAL, RANNY
PETITIONER/PETITIONER:
PHILIP ABRAHAM
AGED 61 YEARS
MUNDUKOTTAKKAL HOUSE, MANDAMARUTHI,
CHETHAYKKAL, RANNI.
BY ADVS.
SRI.M.P.SREEKRISHNAN
SRI.A.MUHAMMED MUSTHAFA
RESPONDENTS/RESPONDENT:
1 THE MANAGER, PERUMAL SMARAKA NIDHI
KOTTARATHIL BHAJANAMADOM, PERUMPUZHA,
RANNI, PATHANAMTHITTA - 686 672.
ADDL.R2 LAND TRIBUNAL RANNI, RANNI TALUK OFFICE,
DINDIGUL - THENI - KOTTARAKKARA HIGH WAY,
SH-8, RANNI, KERALA, PIN -689672.
(ADDITIONAL RESPONDENT 2 IMPLEADED VIDE ORDER
2025:KER:97401
OP(C) NO. 1185 OF 2021 & Conn.Cases
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DATED 16.11.2023 IN I.A. 1/2023)
BY ADV SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
SRI. ASWIN SETHUMADHAVAN, SR. GP.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2025, ALONG WITH OP(C).1185/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:97401
OP(C) NO. 1185 OF 2021 & Conn.Cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY,THE 17TH DAY OF DECEMBER 2025/26TH AGRAHAYANA,1947
OP(C) NO. 1251 OF 2021
AGAINST THE ORDER DATED 07.06.2021 IN OA NO.10 OF 2018
ON THE FILES OF LAND TRIBUNAL, RANNY
PETITIONER/PETITIONER:
STEPHEN ABRAHAM
AGED 67 YEARS
S/O. M.K.ABRAHAM, MUNDUKOTTAKKAL HOUSE,
CHETHAYKKAL MURI, RANNI TALUK, PATHANAMTHITTA
DISTRICT.
BY ADVS.
SRI.M.P.SREEKRISHNAN
SRI.A.MUHAMMED MUSTHAFA
RESPONDENTS/RESPONDENT:
1 THE MANAGER, PERUMAL SMARAKA NIDHI,
KOTTARATHIL BHAJANAMADOM, PERUMPUZHA, RANNI,
PATHANAMTHITTA-689672.
ADD.R2 LAND TRIBUNAL, RANNI
RANNI TALUK OFFICE, DINDIGUL - THENI -
KOTTARAKKARA HIGH WAY, SH-8, RANNI, KERALA,
2025:KER:97401
OP(C) NO. 1185 OF 2021 & Conn.Cases
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PIN - 689672.
(ADDITIONAL RESPONDENT 2 IMPLEADED VIDE ORDER
DATED 16.11.2023 IN I.A. 1/2023)
BY ADV SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
SRI. ASWIN SETHUMADHAVAN, SR. GP.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2025, ALONG WITH OP(C).1185/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:97401
OP(C) NO. 1185 OF 2021 & Conn.Cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY,THE 17TH DAY OF DECEMBER 2025/26TH AGRAHAYANA,1947
OP(C) NO. 1207 OF 2021
AGAINST THE ORDER DATED 07.06.2021 IN OA NO.23 OF 2016
ON THE FILES OF LAND TRIBUNAL, RANNY
PETITIONER/PETITIONER:
MINI PHILIP
AGED 55 YEARS
W/O. PHILIP ABRAHAM,
MUNDUKOTTAKKAL HOUSE,
MANDAMARUTHI, CHETHAYKKAL,
RANNI.
BY ADVS.
SRI.M.P.SREEKRISHNAN
SRI.A.MUHAMMED MUSTHAFA
RESPONDENTS/RESPONDENT:
1 THE MANAGER
PERUMAL SMARAKA NIDHI,
KOTTARATHIL BHAJANAMADOM,
PERUMPUZHA, RANNI,
PATHANAMTHITTA-689 672.
2025:KER:97401
OP(C) NO. 1185 OF 2021 & Conn.Cases
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ADDL.R2 LAND TRIBUNAL RANNI
RANNI TALUK OFFICE, DINDIGUL - THENI -
KOTTARAKKARA HIGH WAY, SH-8, RANNI,
KERALA, PIN-689672
IS IMPLEADED AS ADDITIONAL R2 VIDE ORDER DATED
16/11/2023 IN IA 1/2023.
BY ADV SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
SRI. ASWIN SETHUMADHAVAN, SR. GP.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
17.12.2025, ALONG WITH OP(C).1185/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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T.R. RAVI, J.
--------------------------------------------
OP(C) Nos.1185/2021, 1132/2021, 1251/2021 &
1207/2021
--------------------------------------------
Dated this the 17th day of December, 2025
JUDGMENT
The petitioners in all these cases had applied for certificates for purchase under Section 72K of the Kerala Land Reforms Act, 1963. The petitioners claim under one Sri.M.K.Abraham. The properties originally belonged to the late Sasthavu Pillai Perumal Pillai, Kottarathil. Sri.Sasthavu Pillai Perumal Pillai had leased out 236 Acres and 3 cents of land to one Charles Brandoo as per document No.3155/1910 of the Sub Registry, Thiruvananathapuram. A further extent of 18.16 Acres has also been transferred by the said Sasthavu Pillai Perumal Pillai in favour of M/s Harrisons Malayalam Plantations Limited. The lease deed specifically 2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 10 says that the properties were leased out for the purpose of planting rubber, teak, etc. The lessees transferred an extent of 47.65 Acres of the leasehold to one Sri.M.K.Abraham, Mundukottackal, Ranni, as per a conveyance deed executed on 18.09.1963. The petitioners in all these original petitions are persons who are claiming under the said M.K.Abraham.
2. The 1st respondent in all these cases, filed O.S.No.112 of 2004 before the Sub Court, Pathanamthitta claiming for declaration of title and for recovery of the plaint schedule properties. The 1st respondent claimed to be a Trust created by deed No.1373/1978 of SRO, Ranni to whom the properties scheduled in the plaint had been transferred. The suit was dismissed by the trial court, against which the 1 st respondent filed RFA No.336 of 2011. By Ext.P6 judgment, this Court dismissed the appeal and found that the lessee from Sasthavu Pillai Perumal Pillai was entitled to fixity of 2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 11 tenure. The judgment of the Division Bench was challenged by the 1st respondent before the Hon'ble Supreme Court in SLP No.37661/2013 and the Hon'ble Supreme Court dismissed the Special Leave Petition finding that no grounds for interference had been made out. The rejection of the claim of the 1st respondent has thus become final and the 1 st respondent can no longer have any claim over the properties in question.
3. On the application submitted by the petitioners for purchase certificate, the Land Tribunal has issued Ext.P3. As per Ext.P3, the Tribunal has restricted the purchase certificate to an extent of 12 Acres and has rejected the claim regarding the balance extent out of 94.54 Acres. The petitioners are aggrieved by the restriction of the grant of purchase certificate to 12 Acres alone. Pending these revision petitions, this Court had passed an order on 2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 12 18.03.2024 directing the respondents to place on record an affidavit by the person who authored Ext.P3 explaining and referring to the reasons as to why the earlier decision of the Land Tribunal affirmed in the judgment of the Sub Court, the judgments of the Division Bench of this Court and the Apex Court was not followed while making the order, and why the purchase certificate was limited to only 12 Acres as against 94.5 Acres.
4. Pursuant to the said direction, a counter affidavit has been filed by the 2 nd respondent. The affidavit notices the judgments of this Court and the Hon'ble Supreme Court. The affidavit does not explain why the relief was restricted to 12 Acres. Instead, what is stated is that the attempt to obtain purchase certificate is an attempt to defeat the Kerala Land Reforms Act and to alienate the land vested in the Government and not to pay rent under Section 72E.
2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 13 No such contention is available to the respondents in view of the categoric finding of this Court that the lessees under Sri.Sasthavu Pillai Perumal Pillai are entitled to fixity of tenure. There is also no explanation as to why the findings of this Court affirmed by the Hon'ble Supreme Court have not been followed with respect to the entire extent. The affidavit filed is far from satisfactory.
In the above circumstances, all these original petitions are allowed. The 2nd respondent is directed to issue purchase certificate to the petitioners with respect to the properties which were transferred by the original lessee in favour of Sri.M.K.Abraham under whom the petitioners are claiming as per document No.2925/1963 dated 18.09.1963.
Sd/-
T.R.RAVI JUDGE mpm 2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 14 APPENDIX OF OP(C) NO. 1185 OF 2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION SM 13/2018, DATED 10.04.2017 ON THE FILES OF LAND TRIBUNAL, PATHANAMTHITTA. Exhibit P1(a) A TRUE COPY OF THE JUDGMENT DATED 26.03.2021 IN OP(C) 438 OF 2021.
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 24.09.2019 IN OP(C) 51 OF 2018.
Exhibit P3 A TRUE COPY OF THE ORDER DATED 07.06.2021.
Exhibit P4 A TRUE COPY OF THE ORDER DATED 06.05.2010 IN RC 1 OF 2008 ON THE FILES OF LAND TRIBUNAL, PATHANAMTHITTA. Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 09.07.2010 IN OS 112 OF 2004 ON THE FILES OF SUB COURT, PATHANAMTHITTA. Exhibit P6 A TRUE COPY OF THE JUDGMENT, DATED 31.01.2013 IN RFA 336 OF 2011 BY THE DIVISION BENCH OF THIS HON'BLE COURT. Exhibit P7 A TRUE COPY OF THE ORDER DATED 11.08.2014 IN SLA NO.37661 OF 2013. Exhibit P8 A TRUE COPY OF THE EXPLANATORY NOTE IN GO(MS) NO.28/2018/RD AS S.R.O.NO.73/2018 DATED 26.01.2018.
2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 15 APPENDIX OF OP(C) NO. 1132 OF 2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 24/09/2019 IN OP(C) 51 OF 2018.
Exhibit P2 A TRUE COPY OF THE NOTICE, DATED 02/06/2021.
Exhibit P3 A TRUE COPY OF THE ORDER, DATED 07/06/2021.
Exhibit P4 A TRUE COPY OF THE ORDER, DATED 06/04/2010 IN RC 1 OF 2008 ON THE FILES OF LAND TRIBUNAL, PATHANAMTHITTA. Exhibit P5 A TRUE COPY OF THE JUDGMENT, DATED 09/07/2010 IN OS 112 OF 2004 ON THE FILES OF SUB COURT, PATHANAMTHITTA. Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 31/01/2013 IN RFA 336 OF 2011 BY THE DIVISION BENCH OF THIS HON'BLE COURT. Exhibit P7 A TRUE COPY OF THE ORDER, DATED 11/08/2014 IN SLA NO.37661 OF 2013.
Exhibit P8 A TRUE COPY OF THE EXPLANATORY NOT IS
G.O.(MS) NO.28/2018/RD AS
S.R.O.NO.73/2018, DATED 26/01/2018. Exhibit P9 A TRUE COPY OF THE APPLICATION, IN SM 24/16, FILED ON 15/06/2015.
2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 16 APPENDIX OF OP(C) NO. 1251 OF 2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION SM 10/2018, DATED 10.4.2017 ON THE FILES OF LAND TRIBUNAL, PATHANAMTHITTA.
Exhibit P1(A) A TRUE COPY OF THE JUDGMENT, DATED 26.3.2021 IN OP(C) 437 OF 2021.
Exhibit P2 A TRUE COPY OF THE JUDGMENT, DATED 24.9.2019 IN OP(C) 51 OF 2018.
Exhibit P3 A TRUE COPY OF THE ORDER, DATED 7.6.2021.
Exhibit P4 A TRUE COPY OF THE ORDER, DATED 6.5.2010 IN RC 1 OF 2008 ON THE FILES OF LAND TRIBUNAL, PATHANAMTHITTA.
Exhibit P5 A TRUE COPY OF THE JUDGMENT, DATED 9.7.2010 IN OS 112 OF 2004 ON THE FILES OF SUB COURT, PATHANAMTHITTA.
Exhibit P6 A TRUE COPY OF THE JUDGMENT, DATED 31.1.2013 IN RFA 336 OF 2011 BY THE DIVISION BENCH OF THIS HON'BLE COURT. Exhibit P7 A TRUE COPY OF THE ORDER, DATED 11.8.2014 IN SLA NO.37661 OF 2013. Exhibit P8 A TRUE COPY OF THE EXPLANATORY NOTE IN GO(MS) NO.28/2018/RD AS S.R.O.NO.73/2018 DATED 26.1.2018.
2025:KER:97401 OP(C) NO. 1185 OF 2021 & Conn.Cases 17 APPENDIX OF OP(C) NO. 1207 OF 2021 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE JUDGMENT, DATED 24.09.2019 IN OPC 51 OF 2018.
Exhibit P2 A TRUE COPY OF THE NOTICE DATED 02.06.2021.
Exhibit P3 A TRUE COPY OF THE ORDER, DATED 07.06.2021.
Exhibit P4 A TRUE COPY OF THE ORDER, DATED 06.05.2010 IN RC 1 OF 2008 ON THE FILES OF LAND TRIBUNAL, PATHANAMTHITTA. Exhibit P5 A TRUE COPY OF THE JUDGMENT, DATED 09.07.2010 IN OS 112 OF 2004 ON THE FILES OF SUB COURT, PATHANAMTHITTA. Exhibit P6 A TRUE COPY OF THE JUDGMENT, DATED 31.01.2013 IN RFA 336 OF 2011 BY THE DIVISION BENCH OF THIS HON'BLE COURT. Exhibit P7 A TRUE COPY OF THE ORDER, DATED 11.08.2014 IN SLA NO.37661 OF 2013.
Exhibit P8 A TRUE COPY OF THE EXPLANATORY NOTE IN
GO(MS) NO.28/2018/RD AS S.R.O.
NO.73/2018, DATE 26.01.2018.
Exhibit P9 A TRUE COPY OF THE APPLICATION, IN SM
23/16 FILED ON 15.06.2015.