BEHIND A GREAT FORTUNE, THERE IS    

      A HEINOUS CRIME

(FRAUDULENT DEEDS FABRICATED BY POLAPARAMBIL, PATTOM & KALLARAKAL FAMILIES LOCATED AT THEVARA & KUMBALAM IN KOCHI)

 (Kindly read my article, “THE ARRIVAL OF THE BRITISH COLONIALIST IN COCHIN; ATTACK ON BRITISH FORCES IN 1808-09 AND COERCIVE CONVERSION OF HINDUS INTO CHRISTIAN FAITH AND INDUCTION OF TENANTS” to understand the background.)

 I vividly remember Mariamma Valliamma, my close grandaunt, narrating old episodes about her father, Oli Lonan Ouseph Thayamkeril (1870-99,) my great-grandfather, who was the senior lineal hereditary Desavazhi of Kumbalam. He had a sound health and physique and was an expert in Kalari-payattu, a martial art. Unfortunately he expired prematurely in mysterious circumstances. She said, “He returned to Oli Mana/home after having attended a feast, Sadhya.” Leaning her back against the arboreal wall, she shut her eyes and sighed. Tears rolled down profusely. I took the towel from her shoulder and dabbed her cheeks. After a while she said, “Her father complained of headache and stomach pain and went to take rest inside his bed room. Late in the evening he developed nausea and vomiting. Her mother gave little ginger and a paste of nutmeg thinking that it was due to indigestion. After a while, he complained of severe abdominal cramps and pain. Before her mother could do anything he became unconscious and left them helpless and all alone, with his premature and unexpected death.” The forlorn lady was so helpless. “To whom could she complain; when the protector devours his Desavazhi and that too with the blessings of the British colonialist,” She quipped.

Mariamma Valliamma continued her narration. After the unfortunate incident, my great-grandmother, Thressiamma, the forlorn lady, had no one to fall back on. She became a recluse. Like a hatching fowl spreading her wings to protect her brood; she too took her children huddled and preferred to shut herself in one of the inner rooms of Oli Mana. There was none to comfort them in their tormenting loneliness in order to lighten their load of grief and worry from the tragedy which had already occurred. The state of neglect and abandonment made their lives extremely difficult. They had three minor children; Mariamma (10,) Thressiamma (8,) and Oli Ousepachan (3.) The eldest daughter, Mariamma, was given in marriage at the age of 8 to Ittiavira Kudiyiruppi at Chengal, near Kalady and they too were minors at the time of the demise of Oli Lonan Ouseph Thayamkeril. After that episode, two familiar faces, who were Nair converts to Christian faith, Chakku Ouseph Polaparambil and Ouseph @ Joseph Kallarakal, S/o Ithaque Kallarakal at Kumbalam, came forward to help her out in the management of all the properties of Ayyanat Thayamkeril (Oli Mana.) Those days a lady was given in marriage at the young age of 8 years, but the forlorn lady, my grandmother, desperately failed to find a suitable marriage alliance for her daughter, since her helpers in the management of my ancestral properties blocked all good marriage proposals that came for her younger daughter, Thressiamma, with ulterior motives. Aforesaid minor Thressiamma was about to cross 13 years of her age, which was considered a shame for the family. While so, Ouseph Chakku Polaparambil & Ouseph @ Joseph Kallarakal unduly influenced and coerced my great-grandmother and she reluctantly and involuntarily gave her 13 year old daughter, Thressiamma, in marriage to Ouseph @ Joseph Kallarakal, who was then a widower, around 50 years of age at that point of time, which was against the wish and liking of the minor daughter. I remember Thressiamma Valliamma too had nodded her head in disapproval of her fate. Her son, Uncle Xavier Master, also regretted the awful, hurtful, annoying and agonizing incident and reminded me, at times, to take care when marriage alliances are arranged for my sisters.

The marriage alliance with the minor Thressiamma, my grandaunt, gave both Ouseph @ Joseph Kallarakal and Chakku Ouseph Polaparambil an upper hand in the dealings of Ayyanat Thayamkeril Desavazhi properties and gave opportunities to meddle with our deeds and documents and they committed breach of trust reposed in them. Gradually they fabricated stories and spread rumours in the village that some of my ancestral family properties were bestowed to Choolackal Mana, and Kanatan Mana, who were the Desavazhis of Karithala desom and Chenganad (Thevara) desom respectively at Ernakulam, to defray their expenses for the attack/war against British forces at Mattancheri, Fort-cochin and Bolgatty Palace and those two Desavazhis, in turn mortgaged those properties to erstwhile ‘the Bank of Cochin (P) Limited’ and that Polaparambil family bought those properties in court auction, and aforesaid rumours were blatant and unadulterated lies, and a ruse  to misappropriate the usufructs from my ancestral properties. In fact, Ouseph @ Joseph Kallarakal and Chakku Ouseph Polaparambil and their successors were only tenants (Kudikidappukars) in our ancestral properties and they never ever had any deed/document to show their lease-hold right or title or interest in the aforesaid Ayyanat Thayamkeril Desavazhi family properties. The entire properties covered by the fraudulent title deeds absolutely belong to Kumbalam Desavazhi of Ayyanat Thayamkeril, my ancestor, and Desavazhi is the tax payer under the British Settlement. My ancestors or I have never ever executed any lease or sale deed or Enam in respect of our ancestral properties in favour of Ouseph @ Joseph Kallarakal or Chakku Ouseph Polaparambil, or Mathen Pattathil Vakeel, Saramma Polaparambil or to members of erstwhile princely Hindu joint-family of Cochin or to any other person/s or bank/s including members of Pulluvalli Nair family. The ancestors of Polaparambil and Kallarakal families were only helping in the management of properties of Desavazhi family, when my great-grandfather, Oli Lonan Ouseph Thayamkeril, who expired prematurely. If at all there is a lease deed as mentioned in the aforesaid sham/fraudulent sale deed/s in favour of late Chakku Ouseph Polaparambil, or P.J. Mathen Pattathil Vakeel or Saramma Polaparambil or Ouseph @ Joseph Kallarakal or his brother, Varkey Kallarakal or their predecessors that too is a fraudulent deed/s fabricated by them.

 

          Aforesaid Ouseph @ Joseph Kallarakal (1865-1952,) and Chakku Ouseph Polaparambil (1854-1920,) and their descendants, and transferees/assigns, who were helping in the management, used to mismanage and misappropriate the yield, timber, other usufructs and funds from my ancestral properties for their lavish living. Ouseph @ Joseph Kallarakal used his slyly amassed share of wealth from my ancestral Desavazhi properties for the construction of a new single storied arboreal residential house with tiled roofing (Kallarakal-north house) in old Sy. No 132/2 corresnding to Re Sy. No. 53/8 under block 15 of Kumbalam village to display his immense fraudulent wealth he slyly amassed and also to show his might and power. Thereafter, he gave his share in the dilapidated thatched tenanted, Kudikidappu, house (Kallarakal-south) to his brother Varkey Kallarakal; and he and his household shifted their residence to the new house erected in Kallarakal-north (Chembaranjeril-paramba.) Inspite of his illiteracy, the slyly amassed wealth made Ouseph @ Joseph Kallarakal an influential man in the locality. His first wife, Cicily D/o late Joseph Lonan Chirathara Nair converts to Christian faith, who was settled as tenant at Chathamma in Kumbalam village. [Late Lonan Joseph Chirathara and Fr. Yohannan Chirathara (who was buried in Puthiakavu Church near Trippunithura,) were her brothers and her niece, Elikutty Chirathara was married to Kuriakose Puthenpurakal (Kattel) Nair convert to Christian faith, who were settled as tenants near the present Bharath Rani Church at Panangad, in Kumbalam village.] Immediately after Cicily’s mysterious death, Ouseph @ Joseph Kallarakal virtually took away Thressiamma, a young lady from my house, under coercion, undue influence. Chakku Ouseph Polaparambil, played a vital role that conferred Ouseph @ Joseph Kallarakal a superior family status and influence in the locality, and he was indebted to Chakku Ouseph Polaparambil on this account. Aforesaid marriage also lend a hand to get better marriage alliances for his elder two step sons, K.J. Joseph @ Papputty & K.J. Ithaque @ Issac, both studied only up to 7^th standard and working as lower primary school teachers at St. Mary’s School at Kumbalam and thereby they slyly acquired a Nair Madambi convert status and became more and more influential in the locality. “The specific understanding between aforesaid helpers was that when Ouseph @ Joseph Kallarakal gets a beautiful young lady as his second wife and that too the Desavazhi’s daughter; he should support Chakku Ouseph Polaparambil to clandestinely grab major portions of my ancestral Desavazhi properties.” I vividly remember aforesaid statement from Kuncheria Pattom and Chacko Pattom, sons of Mathen Pattom Vakeel, when they arrived at our residence to break their fast. Both of them and my father were contemporaries and were members of a Drama Club attached to St. Mary’s Church at Kumbalam. My father introduced me to them. I was then studying for Pre-Degree in Sacred Heart College at Thevara in 1966. They told my father that they came early in the morning from Pulinkunnu by the first boat to meet their sister Saramma & their brother-in-law to make a last attempt to bestow at least some of the items of properties to them preferably those situate at Thevara or Perumanoor. They were heart-broken, when they said, “Our sister, Saramma, not only relented our request but also she refused to give even a cup of tea for us. Their behavior was disgusting.” 

 

          Likewise, aforesaid developments and events in Kallarakal family enthused and encouraged Chakku Ouseph Polaparambil too, in a competitive spirit, to use his slyly amassed large share of misappropriated wealth from my ancestral Desavazhi properties to commence the erection of a new, large, double storied residential building with tiled slopping roof, in old Sy. No. 140, 141 & 142 correponding to Re Sy. No. 58/4 & 57/8 under block 15 (Polaparambil Nair Tharawad, who were converted to Christian faith,) to display their immense fraudulent wealth Chakku Ouseph Polaparambil slyly amassed and also to show his might and power. Unlike Kallarakal family, aforesaid Chakku Ouseph Polaparambil focused his attention in grabbing my ancestral Desavazhi family properties as much as he could muster. However, he could not fully achieve his dream of completing aforesaid large double storied residential house he was erecting before the marriage of his daughter, Mariakutty (1894-1920.) However, Ousepachan Pattathil, S/o Mathappi and grandson of Pappi Pattathil, Pulinkunnu, Kuttanad and his wife, Thressiamma Edangarupally (D/o Joseph Edangarupally and granddaughter of George Chengelipadam, Muvattupuzha, who was adopted to Edangarupally Tharawad. a branch or thavazhy of Blahayil Nair converts into Christian faith, at Kumbalam,) proposed and mediated his/their cousin, Mathen Pattathil (1887,) a fledgling Vakeel, S/o Joseph and grandson of Pappi Pattathil, Pulinkunnu, Kuttanad, in marriage for Mariakutty D/o Chakku Ouseph Polaparambil. Chakku Ouseph adopted Mathen Pattathil as his son-in-law. Mathen Pattathil Vakeel was an equally or more devious, sly and fraudulent person than him. Mathen Pattathil Vakeel started assisting his father-in-law and gradually became the helper in management of my ancestral Desavazhi properties. He was very cunning and avaricious too. He accumulated lots of wealth through mismanagement and misappropriation of my ancestral Desavazhi properties. They played a vital role in the murder of one of my great-granduncle, Xavier Thayamkeril, (at the age of 12,) who married Mariamma (8,) a lady from Thurutheth Valiaparambil, Vaikom. Later his widow was re-married to Kochappan Katamapuzha family in Kanjirappally. Aforesaid Mariamma Kochappan Katamapuzha expired leaving their one and only daughter, who was married into Kanalekalam, a branch of Purakkal family at Pulinkunnu. She and all her children are no more except K.P. Kuncheria Kanalekalam (Purakkal,) who sold all his properties at Pulinkunnu and settled at Ranni in Pathanamthitta. However, his son, Mr. Punnoose, Kanalekalam (Purakkal,) shifted his residence to Changanassery, which is closer to Pulinkunnu. Mathen Pattathil Vakeel’s wife, Mariakutty Mathen (1894-1920,) prematurely expired due to mental stress and strain. She suffered a lot due to the wicked deeds of her husband. His father-in-law, Chakku Ouseph Polaparambil (1854-1920,) too died shortly. Nevertheless, the illegally amassed fortune made Mathen Pattathil, a nouveau-riche and a non-practicing Vakeel. The illegally accumulated wealth made him one of the directors of erstwhile “the Bank of Cochin (P) Limited at Ernakulam,” (which was amalgamated with State Bank of India in 1985 on the grounds of mismanagement, misappropriation of funds and other bias by its directors.) Mathen Pattathil Vakeel too found out a son-in-law, M.D. Joseph Manickanamparambil, (1912-93,) one of his distant relatives, who was equally bad or worse person; like the saying, “Birds of the same feather flock together.” He was an unscrupulous and scheming character. He was introduced by his college mates, Kuncheria Pattom & Chacko Pattom, children of Mathen Pattathil Vakeel, to their father. M.D. Joseph Manickanamparambil was a drop out from Law College (FL) and he belonged to Manickanamparambil, one of the ordinary tenants of Kottoor Mana at Udaimperoor Village. Mathen Vakeel was interested in him because of his close association with a few members of the erstwhile princely Hindu joint-family of Cochin, who were facing financial problems, when the Kochi Raja ceased to be the king on the merger of State of Cochin with State of Travancore on July 1, 1949. Mathen Pattathil Vakeel was also conscious of the drawbacks of his daughter, Saramma Polaparambil (1918-93,) who was bald by birth, and had only her scalp and had no hair at all on her head. At times she used to wear a wig to camouflage her handicap. However, her brother, Chacko Pattom, had tufts of hair sparsely here and there on his scalp like the sholay spotted on the Sahyadri mountain tops.

 

And unlike Ouseph @ Joseph Kallarakal, Mathen Pattathil Vakeel focused his attention on attaining political power, which would enable him to grab adequate liquid cash for investment in my ancestral Desavazhi properties, which would enhance his income. Mathen Pattathil Vakeel purported to have fraudulently grabbed my ancestral Desavazhi properties in sub-urban areas like Thevara & Perumanoor. He deceitfully used his position as director of aforesaid ‘the Bank of Cochin (P) Ltd., at Ernakulam to commit illegalities for his personal gains. I was amazed when I came across a fake sale deed No. 1748 / 1118 dated Thulam 17, 1118 (1942) of SRO Ernakulam, whereby ‘the Bank of Cochin (P) Limited’ represented by one of its directors, P.J. Mathen Pattathil residing in Polaparambil purported to have fraudulently assigned, 56 cents of land comprised in old Sy. No. 21/2 (Re Sy. No. 9/7 under block 15 of Kumbalam village, in favour of Antony Maniamkot, (then working in Royal Indian Navy,) son of Pailo Maniamkot residing in Chittayil, Kumbalam desom & Village. Aforesaid property belongs to my Desavazhi ancestor, who is the tax payer. It is pertinent to note that aforesaid fabricated and fraudulent sale deed shows that aforesaid Bank represented by its director, Mathen Pattathil Vakeel purported to have assigned the intermediary Kanom (title) alone, which he purchased from Mambat-illath Bhattathiripad as per Sale deed No. 1636/1114 (Metam 14, 1114ME (1939) executed by Muriamangalath Bhattathirippad & others. By aforesaid deceitful sale, Mathen Pattathil callously and shamefacedly fleeced the hard earned money of Antony Maniamkot (later, Hony. Lt. Antony Maniamkot,) one of the close cousins of his wife, Mariakutty Polaparambil. Similarly, aforesaid the Bank of Cochin (P) Limited represented by its director, Mathen Pattathil Vakeel purported to have fraudulently assigned 1 Acre 58 cents of land, which is used for prawn farming, comprised in old Sy. No. 2/3 (Re Sy. No. 5/3 under block 15) of Kumbalam village, in favour of Thressia & Cheeku Purakkat residing in Thayamkeri-paramba. By aforesaid deceitful sale, Mathen Pattathil Vakeel coldheartedly and shamefacedly swindled the land acquisition compensation amount, which they obtained when their property at Venduruthy was acquired for the construction of a Naval Base at W. Island. I myself or my ancestors never ever mortgaged or charged those properties to aforesaid bank or others.  Aforesaid assignments were made by Mathen Pattathil Vakeel without any competence or authority. (Aforesaid Kanom title mentioned in those deeds are vested in the government under KLR Act, which came into force on 1-1-1970 and the title would automatically be transferred in my favour, the real owner.) Aforesaid Thressia, W/o Juvons Cheekku Palliparambil, residing in Thayamkeri-paramba and their three daughters, Mary @ Edijiuse, Eleesa and Anna of Kumbalam Village executed a partition deed No. 1831 / 1952 dated 28-7-1952 of SRO Ernakulam and Mary alias Edijiuse (now deceased,) the allotted of aforesaid 1 Acre 58 cents of land,  purported to have fraudulently assigned aforesaid property to Sankaran Kattumpurath  residing in Kuriyapillil House, Nettoor desom, Maradu Village as per sale deed No. 1837 / 1965 dated 30-8-1965 of SRO Ernakulam. The legatees of Sankaran Kattupurath in turn fraudulently assigned aforesaid properties to the land-mafias, (which will be dealt with later.) Such illegally made fortune and his anglophiles leaning to the Congress party made Mathen Pattathil Vakeel the second nominated president of the newly formed Kumbalam Panchayat, whose primary duty was to augment revenue collection for the State exchequer. Aforesaid nomination gave him further opportunities to manipulate the records in the departments of revenue, registration and panchayat. 

 

Mathen Pattathil Vakeel, a devious character, keenly cherished to have title deeds in his and also in the name his children with oblique motives like enabling them to alienate or encumber my ancestral Desavazhi properties. Since it was next to impossible; he too decided to fabricate fraudulent deeds to show at least title on my ancestral Desavazhi properties, which were mismanaged and misappropriated by him. His handicapped daughter, Saramma Polaparambil, had a great influence on her father’s decision making even in important matters. Saramma and her husband, M.D. Joseph Manickanamparambil unduly influenced her father to fabricate a number of fraudulent deeds, and while doing so, they took particular care to keep her brothers, Ouseph Pattom, Kuncheria Pattom & Chacko Pattom, at bay. Ouseph Pattom, the eldest son, who miserably failed in his attempt to persuade his father, Mathen Pattathil Vakeel, to bestow the Polaparambil Nair Tharawad/house and premises; left his home to become a high priest at Vatican; what an irony! Ouseph Pattom had a mysterious death by drowning in Adriatic Sea on the Italian Coast. The curse of my great-grandmother, “No male children born in Polaparambil and Kallarakal shall not enjoy Desavazhi properties of Ayyanat Thayamkeril, Oli Mana.” The bad omens did not deter Mathen Vakeel and he purported to have executed a fraudulent gift deed No. 615 / 1113 (1937) dated Thulam 25, 1113 of SRO Ernakulum, on an experimental basis, (whereby he bestowed 73 cents of land comprised in Sy. Nos. 1063/2 of Ernakulam village and 3 Acres of land in Sy. No. 992/1 of Elamkuam village in favour of his daughter, Saramma Polaparambil. Thereafter, he purported to have fabricated a fraudulent settlement deed No. 2012 / 1124 (1948) Edavom 19 of 1124 of SRO Ernakulum in favour of Saramma Polaparambil, whereby another large extent of about 51 Acres and odd cents of land comprised in Sy. Nos. 141/1,2; 142/1; 142/2; 140/3; 134/2,4,5,6; 135/1,2; 1210; 1211; 164/1,2,3,4; 167/1,2,3,4; 82/4; 82/1,2; 72/1,2,4,5,6,7,8; 69/2,3,4; 38/3,4; 72/6; 72/2,3; 2/1; 3/ 4; 3/3; 8/2; 1201; 70/5; 92; 86/6; 91/1,2; 98/4; 100/2; 102/1,2,3; 103/2; 44/4; 127; 533/2,3,4,5,6,7; 564/4; 1008/3,4,5; 72/5; 74/2,3; 168/4,5;  1 Acre 29 cents in Sy. No. 98/5; 18/7; 124/2; 70/6; 116/2; 1287; 1325; 61/3 & 1007 of Kumbalam village; and includes 2 Acres 51 cents in Sy. No. 1630/1 of Maradu Village; 2 Acres 64 cents in Sy. No. 992/1; 12 cents in Sy. No. 992/3; 1 Acre 98 cents in Sy. No. 1003/1; 4 cents in Sy. No. 1040; 26.5 cents in Sy. No. 1086 of Elamkulam village and 57 cents in Sy. No. 1063/2 of Ernakulam village. However, Mathen Vakeel  reserved life interest for him on some items of aforesaid properties and he executed a release deed No. 760 / 1125 dated 7-12-1949 and another release deed No. 133 / 1957 dated 20-1-1957 registered on 21-1-1957 of SRO Ernakulam and thereby releasing all rights reserved by him on aforesaid properties mentioned in settlement deed.

 

In 1957, there was a clamour for agrarian reforms in Kerala, S. India and the Communist Party of India, which vociferously supported the aspirations of common man; won the elections to the legislative assembly of the State of Kerala. It is significant to note that it was for the first time in world history a Communist Party came to power through ballot in a general election.

In order to avoid surrender of excess land under the new Land Reforms Act that was being promulgated, Mathen Pattathil Vakeel and his daughter Saramma Polaparambil fraudulently assigned 2.51 Acres of land comprised in Sy. No. 1630/2 of Nettoor desom, Maradu village to P.M. Syed Haji and his son Aliyar Ponnappilly, Kumbalam and they in turn to M.A. Muhammed Babu Mooppan S/o Ahmedkutty Mooppan, Aroma Cottage, SRM Road, Ernakulam & others and they in turn to Babu George, Vinson Lasser & Mohan George Kurisinkal, Janatha Road, Vyttila; and another 2.10 Acres of land comprised in Sy. No. 533/2,3,4,5,6,7 of Udayathumvathal in Kumbalam village to Syed Muhammed Chittayil, members of Marottikal, Manthoppil Thachappally-Madothil and in turn some portion to Dr. Jaya Benny Kuppayil at Udayathumvathil, Kumbalam village.

 

During 1962 to 1965 Kerala Land Reforms Bill was introduced in Kerala Legislative Assembly by Smt. Gouri, a veteran revenue minister. Gripped by the panicky situation that emerged by heated discussions, which were going on within the assembly and outside for promulgation of the Land Reforms Act; Saramma Polaparambil and her father Mathen Pattathil Vakeel purported to have fabricated a fraudulent trust deed No. 132 / 1957 of SRO Ernakulam in favour of her daughter/granddaughter Mary Polaparambil and his grandson/ her son, Jose Polaparambil. Two more fraudulent sale deeds Nos. 1902 / 1957 and 1903 / 1957 of SRO Ernakulam were executed by them jointly in favour of M.D. Joseph, Manickanamparambil. Two other fraudulent benami transactions, gift deed No.1813/1960 of SRO Ernakulam was executed by Saramma Polaparambil in favour of Devassy S/o Avirah Manickanamparambil, with a stipulation that on the death of aforesaid Devassy it would revert back to her son, Jose. Another gift deed No.1814/1960 of SRO Ernakulam was executed by Saramma Polaparambil in favour of her sister-in-law, Thressiamma D/o Devassy Manickanamparambil. Aforesaid gift deeds were hastily executed to avoid surrender of excess land to the government under the KLR Act. It may be noted that aforesaid Thressiamma D/o Devassy Manickanamparambil executed a fraudulent sale deed No. 3745/1993 of SRO Maradu in favour of Rosy W/o late Dr. Jose Polaparambil and their one and only daughter, Reshma Sara Polaparambil. M.D. Joseph Manickanamparambil residing in Polaparambil too purported to have fabricated a fraudulent gift deed No. 2082/1963 of SRO Ernakulam, whereby he bestowed a few items of properties in favour of his daughter, Mary Polaparambil (Pattom,) 

Mathen Pattathil Vakeel and his daughter, Saramma Polaparambil purported to have fraudulently surrendered free of costs to the government 30 cents of land comprised in Sy. No. 133/7, 9 & 134 for the construction of a Panchayat pond to exhibit their interest in the welfare of the public at the expense of my Desavazhi ancestor. Yet another 50 cents of land comprised in Sy. No. 41//1,6 & 36/3 for “BOODHAN” at Kumbalam as charity at the expense of my Desavazhi ancestor. Again when they miserably failed to conduct the Lower Primary School, at Udayathumvathal (formerly a Vedapathasala conducted by my ancestor Desavazhi at Kumbalam, they purported to have fraudulently surrendered free of costs to the government  1-03 Acres of land and the defunct Sanskrit School building therein comprised in Sy. No. 564/4 at Udayathumvathil, Kumbalam village, wherein the government of Kerala established a school exclusively for the Scheduled Castes, (Pulaya community.)

 

When Mathen Pattathil Vakeel and his daughter, Saramma Polaparambil commenced the plastering and cement flooring works of the aforesaid large house and construction of boundary walls around aforesaid large building and premises in Sy. No. 140, 141 & 142 and another shop building on the south-western corner of that property at Kumbalam’ and the building .in Sy. Nos. 992/3, 1086/5 & 1040 at Thevara; and the construction of JOS MANSION, a commercial building with shop rooms in the place of ordinary sheds at Perumanoor and other buildings at Chalancherry Road at Thevara; they badly needed more funds, and they raised adequate funds by the sale of some of my ancestral Desavazhi properties one after another. They purported to have fraudulently assigned various items of my ancestral Desavazhi properties to several persons like Lawrence Maniamkot, S/o Pailo, Kumbalam, (32 cents in old Sy. No. 18/7 corresponding to 12.40 Ares in Re Sy. No. 11/3 of Kumbalam village was fraudulently assigned as per sale deed No. 444/1956 and 645/1956 of SRO Ernakulam, (and on the demise of Lawrence, that property purported to have been fraudulently transferred into the hands of his younger brother Kuriakose Maniamkot (as per release deed No. 610/1959 and another sale deed No. 1290/1955 of SRO Ernakulam executed by the legatees of deceased Lawrence); then to Karthiyani, W/o Sankunni Chakkalaparambil, Kumbalam  (10 cents in Sy. No. 100/2 corresponding to 4.05 Ares in Re Sy. No. 91 & 92 as per sale deed No. 1290/1955 of SRO Ernakulam); then to Paily Thaithara Palathinkal (24 cents in old Sy. 44/4 (Re Sy. No. 40/10) as per sale deed No. 846/1956 & Regd. Receipt No. 124/1957 of SRO Ernakulam. After the construction of the commercial buildings they purported to have fraudulently inducted tenants in residential and commercial buildings situated therein.

On the eve of agrarian reforms in the State of Kerala, the crucial period, a criminal conspiracy was hatched; Mathen Pattom Vakeel (Polaparambil,) and other anglophiles did the initial spade work for fabrication of a fraudulent partition deed in connivance with a few sly, dishonest and crooked nembers of erstwhile princely Hindu joint-family of Cochin, which would be followed by sale deeds in favour of anglophiles like Mathen Pattathil Vakeel and Saramma Polaparambil, her husband, M.D. Joseph and Dr. Jose Polaparambil. But Mathen Pattom Vakeel (1887-1959) expired before he could complete aforesaid fraudulent deeds. His son-in-law, M.D. Joseph felt that any more delay is deadly, and therefore, pressurized aforesaid members of princely family to execute sale deeds in haste. _{Rama Varma Appan Thampuran, aged 66, (9th – Koor,) S/o deceased Kunjipilla Valia Thampuran, (representing VTK Estate, Trippunithura.) Kottakkathu, Trippunithura, yielded to his persuasions and} purported to have fabricated a fraudulent sale deed No. 1134/1961 of SRO Ernakulam in favour of Saramma Polaparambil, (in respect of a total 3 Acres 91.200 cents comprised in old Sy. No. 141/1,2; 142/1; 142/2 & 140/3 & 1325 of Kumbalam village.)  _Thereafter, a few members of the erstwhile princely family of Cochin (namely - 1. Sree-Rama Varma Kochi Valia Thampuran (89,) eldest son of (late Manku Thampuran, who expired in 1093,) 2. Rama Varma Raja Thampuran (68,) 7^th Koor, S/o late Kunjipilla Thampuran, who was the daughter of (late Valiamma Thampuran, who expired in 1105,) 3. Rama Varma Kochunni Appan Thampuran (65,) 10^th Koor, eldest son of late Ekkavu Thampuran, (D/o late Valiamma Kochi Thampuran, who expired in 1105,) _4. Rama Varma Kunjikkitavu Thampuran (60,) 19^th Koor, S/o late Manku Thampuran who was the daughter of (Valiamma Thampuran, who expired in 1092,) 5. Kerala Varma Unni Thampuran (30,) 107^th Koor, (second son of late Subadra Thampuran, who expired in 1118,) 6. Rama Varma Kochaniyan Thampuran (34,) 114^th Koor, S/o Ekkavu Thampuran who is the daughter of (late Kunjikkavu Thampuran, who expired in 1953,) and they jointly purported to have fabricated a fraudulent partition deed No. 2009/1963 of SRO Palakkad and aforesaid fraudulent partition deed was fabricated without any competence or authority and hence ab-initio-void. Pursuant to aforesaid fraudulent partition deed, (a_.) Ekkavu Thampuran, Patinjare-Kovilakom at Urakom and her children, (b.) Manku Thampuran, (c.) Kerala Varma Kunjikuttan Thampuran @ Watch Thampuran now residing in Kunnath Lane (Cross Road,) Near Thiruvambady Road, Poomkunnam P.O., Thrissur and two minor children, represented by their mother Manku Thampuran, purported to have fabricated a fraudulent sale deed No. 713/1966 of SRO Ernakulam in favour of Saramma Polaparambil (whereby transferring the intermediary Kanom title alone in respect of the five and odd Acres of land, (viz. 9 cents comprised in Sy. No. 2/1; 87.875 cents (62.250+25.500 cents) comprised in Sy. No. 3/3 and 3/6; 1 Acre 21 cents comprised in Sy. No. 3/4; 63 cents comprised in Sy. No. 8/2; 6 cents comprised in old Sy. No. 38/3/1; another 6 cents comprised in Sy. No. 38/3/3; 41 cents comprised in Sy. No. 38/4/1; 8 cents comprised in Sy. No. 38/4/2; 97 cents comprised in Sy. No. 72/3/2; 77 cents comprised in Sy. No. 61/1 and 99 cents comprised in Sy. No. 68/4 & 5 of Kumbalam Village. Padmanabha Panicker S/o Rama Kaimal (Therampurath) Kannambilly at Kumbalam was one of the sly witnesses and Gopalan Bharathan Menon, Sreevilasom, Kumbalam was another sly witness and the scribe of the said fraudulent sale deed, who were rewarded liberally for their services.) Yet another deceitful group of erstwhile princely family members consisting of (aa.) _{Kavutty Thampuran (57,) D/o Manku Thampuran, residing in Bakthi Vilasom Palace, Manku Thampuran Road leading to Mini Bypass Road, Trippunithura Kottakkakath, Nadama desom and Village. and her children, (ab.) Rama Varma Omanakuttan Thampuran, aged (30,) (ac.) Sukumari Thampuran (27,) now residing at Pathanamthitta; (and.) Unniappan Thampuran, (24,) & (ae.) Kerala Varma Raveendran Thampuran (22,) and} represented by general power of attorney holder, Narayanan Nambuthiri, Neendoor Mana, Kumaranelloor desom and Village, _{purported to have fabricated} a fraudulent partition deed No. 119/1967 of SRO Trippunithura & a fraudulent sale deed No. 286/1968 of SRO Ernakulam in favour of Jose Polaparambil S/o Saramma Polaparambil, (whereby they fraudulently assigned 2 Acres 35 cents comprised in old Sy. No. 1008/3,4,5 of Kumbalam village.) Aforesaid fabricated/fraudulent deeds were executed in connivance with M.D. Joseph, Manickianamparambil & his wife, Saramma Polaparambil and other anglophiles with leanings to Congress party (Praja-mandalam.) Aforesaid properties absolutely belong to erstwhile Desavazhi family of Ayyanat Thayamkeril, Oli Mana, Kumbalam. Aforesaid members of the princely Hindu Joint family of Cochin do not have any right, title and interest on the properties mentioned in the aforesaid fraudulent partition/sale deeds that followed and they are/were not competent to execute aforesaid partition deed as per the provisions of the Valiamma Thampuran Kovilakom and Palace Fund (Partition) Act 1961. It is significant to note that the ruler/king or Kochi Raja has no proprietary rights on the properties mentioned in those deeds; and their poor financial circumstances that emerged consequent to the merger of erstwhile state of Cochin with erstwhile State of Travancore, and the money offered by the anglophiles men like Mathen Pattathil Vakeel, M. D. Joseph and others lured and compelled them to execute aforesaid fraudulent partition deed No. 2009/1963 and all other deeds that followed, which are also tainted with fraud and are liable to be cancelled on the grounds of incompetence, fraud, mistake and undue influence. It is pertinent to note that aforesaid few sly members of the erstwhile Cochin princely family are incompetent to do so; if at all those properties belonged to them, under Sec. 3 & 6 of the Valiamma Thampuran Kovilakom Estate and Palace Fund (Partition) Act, 1961, as amended in 1978.

P.J. Mary Polaparambil (Pattom) and her brother, Jose Polaparambil, Kumbalam, purported to have fraudulently partitioned their properties by and between them. as per partition deed No. 906/1971 of SRO Ernakulam. Again Padmanabha Panicker S/o Rama Kaimal Therampurath (Kannambilly) at Kumbalam was one of the sly witnesses and Gopalan Bharathan Menon, Sreevilasom, Kumbalam was another sly witness and the scribe of aforesaid fraudulent partition deed,

P.J. Mary Polaparambil purported to have executed bogus sale deed Nos. 569/`1967;   807 / 1967 and 2645/1969   of SRO Ernakulam, whereby she fraudulently assigned a total extent of 38 cents in Sy. No. 70/5 at Kumbalam to Varkey S/o Ouseph Purakkat (Murikkanampilly, a thavazhy of converted Pullanat Nair Kaimals,) at Kumbalam and thereby fleeced the hard earned money of Varkey and his children, Jose Varghese and Antony @ Alban and they slyly entered into to manage aforesaid Desavazhi property. Ignoring aforesaid sale deeds in favour of Vakey Purakkat. I have come across a few other bogus deeds fabricated by the ancestors of aforesaid Reshma & her aunt Mary, with oblique motives.

Meanwhile, Saramma Polapaambil and her husband, M.D. Joseph Manickanamparambil married their daughter, P.J. Mary Polaparambil to Dr. Baby Pattom S/o Ousepachan Pattathil, Pulinkunnu and Annamma Ousepachan Panapally, Alappuzha and great-grandson of Pappi Pattathil and aforesaid marriage was in consideration of the age-old proposal and mediation for the marriage of her grandfather, Mathen Pattathil Vakeel to Mariakutty Polaparambil, by his first cousins as aforesaid. Premy Pattom W/o Thomas Paul Parakkal & Dr. Jay B. Pattom are their children.

Saramma Polaparambil (1918-93,) and her husband, M.D. Joseph (1912-93,) were getting old, and they were anxious to provide some liquid cash to be given to their granddaughters, Premy Pattom D/o P.J.  Mary Polaparambil (Pattom) and the orphaned Miss. Reshma Sara D/o late Dr. Jose Polaparambil; and they also decided to lessen the burden of their daughter-in-law, Rosy Kallivayalil, who were dependent on them. [Late Dr. Jose Polaparambil, who persuaded his parents to bestow the Polaparambil Tharawad to him and they agreed to do so on condition of payment of a large sum of money to his sister, Mary Pattom. While doing so, Dr. Jose Polaparambil and his parents ignored the curse of my great-grandmother, “No male children born in Polaparambil and Kallarakal shall not enjoy Desavazhi properties of Ayyanat Thayamkeril, Oli Mana.” In order to raise funds, Dr. Jose Polaparambil went to Nigeria for medical practice. But he succumbed to ihis njuries in a major motor accident at Nigeria.] Saramma Polaparambil purported to have fabricated fraudulent sale deeds; (19.600 cents in old Sy. No. 8/2 was assigned as per deed No. 1654 /1989 in favour of Kurien Ouseph Nambuttil, Kumbalam; 10 cents in Sy. No. 167/2 was assigned as per deed No. 2036 /1989 in favour of Alice, W/o Joseph Blahayil, Kumbalam; about 50 cents in Sy. No. 82/1,2,4, was assigned to Anthappan, S/o Joseph Chakkalakkal, Kumbalam as per sale deed No. 3625/ 1991 of SRO Maradu; which he fraudulently bestowed to his four children, Raphael @ Saju, Robin, Paulson & Bijose; about 50 cents in old Sy. No. 98/5 Nedumbethara property was assigned to Devaki @ Devu Thayamkeril W/o late Sahajan, and sister of late Kannappan Vaidyan & Krishnankutty, Thayamkeri-paramba, Kumbalam; another total extent of 2.5 Acres of properties comprised in old Sy. No. 533/2,3,4,5,6,7 (Re Sy. No. 45) was  assigned to P.K. Rajappan,  M.K. Purushan, M.K. Chandrappan & Sunil Bose Marottikkal, Chandran Manthoppil, Saraswathi Ammal, Savithri Ammal, Lalitha Ammal, Ganesh Thachappilly-Madathil, and his sisters, Seetha and their sisters & cousins and their assignees include Dr. Jaya Benny, Kuppayil House at Udayathumvathil; another total extent of 31.850 cents comprised in old Sy. No. 141/2 was assigned as per deed Nos. 4686/1992 & 4687/1992 in favour of Subramonian, S/o Narayanan, Alakkal, Kumbalam & Prema, W/o Natarajan residing in Nipun Nivas, Kumbalam, (Aforesaid Subramonian & Prema assigned it by a fraudulent sale deed No. 1306/I/2009 & 1307/2009 of SRO Maradu in favour of Sunil Paul, Veliparambil House, Kumbalam and he in turn assigned the same by fraudulent sale deed No.  3536/I/2014 of SRO Maradu in favour of Mundakkal Gracious Tom, S/o Thomas & Mary, Mundakkal House, Thevara.) At last, Saramma Polaparambil purported to have fabricated a registered fraudulent Will No. 90/III/1986 of SRO Ernakulam whereby she bequeathed all her remaining properties to her granddaughter, Reshma Sara with life interest to her mother, Rosy (Kallivayalil) W/o late Dr. Jose Polaparambil, except   1.29 Acres of land comprised in Sy. No. 98/5 of Kumbalam village, which was bequeathed to her daughter, P.J. Mary Polaparambil. (Death Certificate No. 1006/1993 of Saramma Polaparambil, issued by Registrar of Births & Deaths, Corporation of Kochi shows that she expired on 20-8-1993 at Medical Trust Hospital, Ernakulam.)

In order to raise additional funds for the marriage of Reshma Sara Polaparambil, the legatees under aforesaid Will, Rosy (Kallivayalil) W/o late Dr. Jose Polaparambil, Kumbalam on her own behalf and representing her minor daughter, Reshma Sara, purported to have fraudulently assigned small extents of land to various persons, who in turn purported to have fraudulently assigned various items to others. Reshma Sara & Rosy Polaparambil assigned 22.800 cents in Sy. No. 8/2 (9.23 Ares in Re Sy. No. 4 / 12,13,14) as per sale deed No. 4493/ 1993 of SRO Maradu  in favour of P.V. Ramesan S/o Velappan Paruthuruthil, Kumbalam; another 95.700 cents of land comprised in old Sy. No. 1008/3,4 corresponding to 36-91 Ares in Re Sy. No. 10/4,7    under block 17 at Cheppanam was assigned as per sale deed No. 3473/1994 in favour of Dr. K.P. Varghese S/o Poulose, Kutha House, Matavana desom; 8.100 cents  of land (comprised in old Sy. No. 1008/3 (3.67 Ares in Re Sy. No. 10/7 under block-17 Cheppanam) as per  sale deed No. 3474/1994 in favour of Chandrappan S/o Velayudhan, Nagaparambu, Nettoor desom, (now at Cheppanam) Kumbalam Village; and 96.350 cents (70.350 + 20.500 + 5.500) of land comprised in old Sy. No. 1008/3,4 (28.47 Ares in Re Sy. No. 10/7 under block-17 Cheppanam) was fraudulently assigned as per  sale deed No. 3477/1994 & a consent deed No. 4231/ 1995 in favour of Vasu S/o Arjun Koladath, Nettoor desom, Maradu Village and Dasan S/o Kinjupilla Aalathil, Matavana desom. Panangad, Kumbalam village. Aforesaid properties are situated at Kumbalam village and aforesaid sale deeds were executed at SRO Maradu.

 

Reshma Sara Jose Polaparambil, represented by her mother, Rosy (Kallivayalil) W/o late Dr. Jose Polaparambil, Kumbalam and her sister-in-law, P.J. Mary Polaparambil (Pattom) jointly purported to have fraudulently assigned 1.91-010 Hectres (4.72 Acres) of land comprised in Sy. No. 992/1 of Elamkulam village, worth 25 crore rupees, to Southern Investments, a developer and builder firm, represented by its partner, Abraham Thomas, as per sale deed No. 3836/1995 of SRO Ernakulam and others. Aforesaid firm, Southern Investments, erected a multi-storied residential complex namely “West Gate Terrace Apartment” at Thevara and the owners of the land and the builder jointly purported to have assigned undivided shares in the land plus individual apartment with common facilities to various allotters therein. Aforesaid owners jointly purported to have assigned undivided shares in aforesaid land to Southern Investments, a developer and builder firm, represented by its partner, Abraham Thomas as per sale deed No. 5622/2007 of SRO Ernakulam. Similar sale deeds were executed in favour of other apartment allotters. All aforesaid deeds are undervalued and all those deeds have to be impounded for under valuation of stamp duty and registration charges and aforesaid Reshma & Rosy are exigible to capital gains under Income Tax Act as well. Unlike tax-avoidance, tax evasion is fraud on government exchequer that would invite penalty. There was a display of newly acquired fraudulent wealth by aforesaid sellers and real estate agents and all those persons are legally bound to restore aforesaid undue advantages they obtained/received to me, the real owner. However, they suppressed these real facts and figures and they have shown only meager amounts as sale consideration in the respective sale deeds in order to defraud the revenue on stamp duty and registration charges due to the government of Kerala and IT department. Aforesaid sale deeds and   all other subsequent deeds are tainted with fraud and are ab-initio-void and are liable to be cancelled fully.

 

Reshma Sara Polaparambil and her mother, Rosy (Kallivayalil) w/o late Dr. Jose Polaparambil, Kumbalam, purported to have fraudulently gifted 16.250 cents of land (6.58 Ares) comprised in Sy. No. 992 /3,4 of Elamkulam village and the building CC Nos. 59/385 and 59/387 and premises therein as per gift deed No. 7072/2005 of SRO Ernakulam in favour of Dr. Jay B. Pattom. Presently he purported to have fraudulently inducted a tenant, Sabu Mathew, (Tiruvalla,) who retired from Indian Navy, and said tenant is occupying CC No.  59/385; and similarly, he purported to have fraudulently inducted another tenant, Babu, Driver, Phone No. 9447001129,  and he is occupying  CC No. 59/387 (old No. CC No. 1752, having a floor area of 120 M2.

P.J. Mary Polaparambil (Pattom,) too purported to have fraudulently settled   53 cents of land (23 Ares in Re Sy. No. 30/4) comprised in old Sy. No. 70 / 5 of Kumbalam village as per settlement deed No. 1660/2015 of SRO Maradu in favour of her son, Dr. Jay B. Pattom. Similarly P.J. Mary purported to have fraudulently gifted a dilapidated and unoccupied building bearing CC No. 59/386 and its premises in Sy. No. 992/4 of Elamkulam village in favour of her daughter, Premy Pattom W/o Thomas Paul Parakkal now residing in Yacht Club Enclave Road, Konthuruthy and she was also given a flat No. 7A, bearing CC No. 59/546 in West Gate Terrace Apartment situated in Sy. No. 991/1 of Elamkulam village. 

Even prior to the marriage of Reshma Sara Polaparambil with Adv. Firoze Robin Anathanam, she & her mother Rosy (Kallivayalil) w/o late Jose Polaparambil shifted their residence from Kumbalam to the apartment in 6A, West Gate Terrace at Thevara. 

 

I was amazed to learn that Adv. Firoz K. Robin, Anathanam, Kanjirapally, who is the husband of Reshma Sara Polaparambil, and son-in-law of Rosy Jose (Kallivayalil) Polaparambil, now residing in West Gate Terrace apartment at Thevara, Kochi-682 013, is a sly, scheming and avaricious being. He is fully aware of the fraudulent nature of his wife’s title deeds and prior title deeds and also aforesaid fraud and other terrible crimes committed by their predecessors towards my Desavazhi ancestors. I reliably learned that Adv. Firoz K Robin is making devious attempts to fraudulently assign all my ancestral Desavzhi properties for paltry sums and is trying to leave this delta Region with the booty. At his instance, his wife, Reshma Sara Jose Polaparambil and his mother-in-law, Rosy (Kallivayalil) Polaparambil purported to have fraudulently agreed to assign an extent of 1 Acre 25 cents of properties comprised in old Sy. No 3/3,4,6 (Re Sy. No. 3/12, 3/11, 4/6, 4/3 & 4/2, my ancestral Desavzhi properties with M.J. Abraham @ Avarachan Maniamkot and James @ Kuttappan Pandoth, jointly, for a sale consideration of Rs. 2 lakhs per cent and they in turn purported to have fraudulently entered into an agreement with Sanal P.C., Pulikkathara, Palluruthy, a real estate agent of M/s Orange Tree Properties, Bengaluru-560 025, a registered real estate developer firm, which is an inexperienced and timid association of persons from the nearby State of Karnataka. Pursuant to aforesaid agreements, aforesaid Reshma & Rosy purported to have assigned aforesaid Desavzhi properties in favour of the land-mafia, as per a fraudulent sale deed No. 1976 / 2008 of SRO Maradu, for a sale consideration of Rs. 4 Lakhs per cent and the agents had shared the profit margin. Reshma Sara Polaparambil, and Rosy Jose (Kallivayalil) Polaparambil, purported to have fraudulently assigned 3 cents each in old Sy. No. 98/5 (Netumbethara property) to Shelly S/o Thankappan Vadakkechira and Shaji S/o Kamalakshan Padinjarechira, Kumbalam Village as per sale deeds Nos. 3581/2008 & 3582/2008 dated 22-12-2008 of SRO Maradu and they purported to have gifted another 3.500 cents of adjacent land as per gift deed No. 3583/2008 of SRO Maradu to Sasidharan S/o Kunjan, Konkinithara, Kumbalam Village. These three fraudulent assignments were made to avert objections from aforesaid Kudikidappukars for the aforesaid sale transaction with M/s Orange Tree Properties, and they purported to have fraudulently assigned aforesaid properties in favour of M/s Ganya Realtors and Property Developers (P) Ltd, and M/s Liraz Builders, registered companies at Thammanam, Ernakulam represented by its directors Anush Kalluvila Thomas and Jacob Kalluvila Babu, and aforesaid seller firm and buyer compamies, hereinafter referred to as the land-mafias, as per sale deed Nos. 2926/2016, 1095/2017, 1096/2017. 1352/2017, 1353/017, 1389/2017, 1625/2017, 93/2018, 94/2018, for a sale consideration of 5 Lakh rupees per cent. Sanal P.C., was the Real Estate Dealer/agent for the aforesaid transactions on the side of the buyers, aforesaid land-mafias and he too amassed fraudulent wealth from these transactions. [Similarly, Adv. Firoz K. Robin, purported to have fraudulently entered into yet another agreement for the sale of 24.590 cents (10 + 10.745 + 3.845) of land comprised in old Sy. No. 167/1,2,3,4 corresponding to Re Sy.No. 114 / 6 under block 15 as per gift deed No. 3890/2001 dated 19-10-2001, sale deeds No. 2093/2000 dated 22-5-2000 & No. 3889/2001 dated 19-10-2001 in favour of Varkey Kureekkal, Kumbalam desom and Village and his children, Tomy and K.V. Baby. Aforesaid properties are situated at Kumbalam village and aforesaid sale deeds were executed at SRO Maradu. I reliably learned that Adv. Firoz K. Robin, who played the crucial role of agent of his wife & mother-in-law, purported to have fraudulently entered into an agreement with Saju Muriparambil, Ikkara Road, Kumbalam for the sale of another 2.06 Acres of properties comprised in old Sy. No. 164/1,2,3 (Re Sy. No. 114/6 and another 2.5 Acres of properties (less already assigned) comprised in old Sy. No. 167/1,2,3,4  (Re Sy. No. 114/9,) which belong to my ancestors and me, for a sale consideration of Rs. 2 Lakhs per cent which in turn were sold at Rs. 5 Lakhs per cent to persons like – Rajneesh P.R., Puthumaparambil House, Vennala (Sale deed No. 562/2016 and  deed No. 987/2016); Shaju K.A., Kattampallikalathil House, Aroor (deed No. 613/2016);  Sibu Koshy Jacob, Pooppallil House, Thiruvalla (deed No. 614/2016); Nelson K.B., Puthenveedu, Kumbalanghivazhi, Palluruthy (deed No. 615/2016); Seeja Thomas, W/o M.J. George,  Madayackal House, Palarivattom, and her husband, M.J. George (deed No. 616/2016); Pooja Mariam Mammen,  38/1292, Chengazhath House, Kadavanthara (deed No. 625/2016); C.G. George Kutty,  Skyline Orion Villas, Chuttupadu Kara, Edappally (deed No. 753/2016); Ruben Jacob Abraham,  and K.C. Abraham, Thondamvelil House, Thumpamon, Thazhekuzhikattu (deed No. 754/2016); Sunitha George Kutty, Skyline Orion Villas, Edappally (deed No. 755/2016); Madathil Poyil Ravindran, 28/2132, Kadavanthara (deed No. 756/2016);  Jobu Joseph,  Pandakasalayil, Omallur (deed No. 983/2016); Elizabeth K.J., Pulickal House, Maradu (deed No. 984/2016);  George Samuel, Tulip Flower Garden, Njalakom Kara, Kalamassery and Mary Samuel (deed No.985/2016); Philo D Varghese, Kadungamparambil House, Nettoor and Stefy Sebastian (deed No. 986/2016);); Jinnu Annie Mathew, Palathinkal,  Poonithura (deed No. 1021/2016 and deed No. 1022/2016); Abey Joseph, Casona, Maradu. (deed No. 1159/2016);  Shaju Nair, VIII/299, CH No. 132,  Eroor West (deed No. 1514/2016); Jissy Viju, Arangath, Konam, Palluruthy (deed No. 1885/2016);    B.K. Varghese, Blahayil House,  Kumbalam (deed No. 2260/2016); V.J. Antony, Valiaparambil House, Kumbalam (deed No. 2293/2016); Steener V.A., Valiaparambil House, Kumbalam (deed No. 2375/2016);  Steevenson V.A., Valiaparambil House, Kumbalam (deed No. 2376/2016); Dhaneesh D., 21/118A,  Kalapurackal House, Palluruthy Perumpadappu (deed No. 2603/2016);  Manju Saju, Rohini Muriparambil House, Kumbalam (deed No. 2801/2016); Baby K.V.  Kureekal House, Kumbalam (deed No. 934/2017); Saju M.T., Rohini Muriparambil House, Kumbalam (deed No. 1427/2017 and deed No. 1428/2017) and Nithin Thekkumpurath Xavier,  Kumbalam (deed No. 1442/2017) and the aforesaid sale deeds were executed at SRO Maradu. ] Aforesaid Reshma Sara Polaparambil and her mother, Rosy (Kallivayalil) too purported to have fraudulently surrendered free of costs about 3 cents of land comprised in Re Sy. No. 4/6 to the Kumbalam Panchayath for the construction of an Anganvadi. When they purported to have fraudulently assigned 1.25 Acres of land in Re Sy. No. 4/3,6, they liberally donated one lakh rupees for the renovation of St. Mary’s Church at Kumbalam, under erroneous belief that aforesaid donation would cleanse all their blemishes attached to the clandestine deal. All aforesaid deeds too are undervalued and all those deeds have to be impounded for under valuation of stamp duty and registration charges and aforesaid Reshma & Rosy are exigible to capital gains under Income Tax Act as well. Adv. Firoz K. Robin too has amassed and hoarded a lot of fraudulent wealth from aforesaid transactions and had definitely shown it as his professional income from his legal profession to claim reduced exigibility to capital gains under the Income Tax Act, and said higher professional income shown would, in due course, would help him to grab covetable positions in the higher echelons in the judiciary. Unlike tax-avoidance, tax evasion is fraud on government exchequer that would invite penalty. He was a government pleader for a few years and had hardly any private practice or clientele. There was a display of newly acquired fraudulent wealth by aforesaid sellers and agents and all those persons are legally bound to restore aforesaid undue advantages they obtained/received to me, the real owner of aforesaid Desavazhi properties. However, they suppressed these real facts and figures and they have shown only meager amounts as sale consideration in the respective sale deeds in order to defraud the state revenue on stamp duty and registration charges due to the government of Kerala. The aforesaid partition deed No. 2009/1963 sale deeds No. 713/1966, and Will No. 90/III/1993 sale deed No. 1976/2008 and   all other subsequent deeds are tainted with fraud and are ab-initio-void and are liable to be cancelled fully.

 

          There is an adage, “Behind a great fortune there is a heinous crime.” But no one could conceal or camouflage a crime forever; the truth would always emerge and triumph in the end. God’s ways are mysterious; no one could ever imagine it. By God’s providence, A.P. Antony, son of Paily Ameparambil brought aforesaid fabricated and fraudulent sale deed No. 713/1966, Will No. 90/III/1993 of SRO Ernakulam that followed and subsequent sale deed No. 1976 / 2008 and other documents to me on 10-1-2016 for discussion and third party mediation, when he came to an understanding to mutually sell his 1.215 Ares (3 cents) of his house properties in Re Sy. No. 4/2 in exchange of 2.43 Ares (6 cents) of land comprised in old Sy. No. 3/ 4 corresponding to Re Sy. No. 4/6 under block 15 of Kumbalam village bought by M/s Orange Tree Properties, Bengaluru, (a land-mafia firm.) Aforesaid mutual exchange of properties was necessitated to avert a bottle neck and to provide the land-mafia a 7 M wide private road or access to aforesaid 12 Acres of paddy land, they bought to reclaim and construct fancy villas, a commercial venture. It was thus, I came across the fabricated and fraudulent sale deed No. 713 / 1966 of SRO Ernakulam for the first time. I was amazed to learn a totally different and contradictory story from aforesaid sale deed and the deeds that followed. I recalled my memory; the celebrated judgment passed by the Supreme Court of India, which was rendered by Justice Mr. V.R. Krishna Iyer, a veteran judge, Justice Mr. D.A. Desai, and Mr. A.D. Koshal held, “The Board of Trustees appointed under the Valiamma Thampuran Kovilakom and Palace Fund (Partition) Act, 1961, alone is enabled by the Act to execute the partition and assignment of the properties of the erstwhile princely Hindu Joint-family of Cochin,” and that judgment is reported in (1979) 4 SCC 782 (Rama Varma Bharathan Thampuran Vs State of Kerala & Others, an appeal that went to the Supreme Court of India, challenging the Valiamma Thampuran Kovilakam and Palace Fund (Partition) Act, 16 of 1961, and the subsequent (Amendment) Act, 15 of 1978.) There was absolutely no whisper in the sale deed No. 713/1966 of SRO Ernakulam that the executants in the prior partition deed were members of the Board of Trustees appointed under said Act, and therefore, the vendors in aforesaid sale deed were competent and authorized to execute aforesaid partition deed. Moreover, there is no mention about the fabricated and fraudulent partition deed No. 2009/1963 and sale deed No. 713/1966 and other deeds that followed, in the aforesaid judgment of the Supreme Court reported in (1979) 4 SCC 782. Then and there, I candidly advised both A.P. Antony and Sanal P.C., the local agent of land-mafia, that aforesaid sale deed is null and void for the following reasons: firstly, the legal principle is that the Raja or King doesn’t hold any property; he just reigns over it. King doesn’t have any personal or proprietary right but he does everything in the best interest of the State during his tenure. Moreover, after Indian Independence in 1947, the Raja of Cochin ceased to be the King and on July 1, 1949, erstwhile State of Cochin merged with the princely State of Travancore and was renamed as Travancore-Cochin, or “Thiru-Kochi” in Malayalam, with the written understanding that the capital shall be at Trivandrum and the High Court shall be at Ernakulam. Subsequently, both Travancore-Cochin and the former district of Madras Presidency, namely Malabar joined together to form what is the present Kerala State on November 1, 1956, which is the domain of the ‘Malayalis’ in the Union of India. Secondly, the derivation of title is incomplete in aforesaid sale deed and also in its prior deed as to how the princely Hindu joint-family of Cochin obtained the property. The aforesaid sale deed also does not disclose the details of lease deed whereby the assignee obtained possession, if any, of aforesaid properties. It is significant to note that the King or Desavazhi are not ordinary men and whatever they do is, beyond doubt, supported by valid deeds and documents. The grave and deliberate omissions to mention number date, and name of assignor and registry of the lease deed makes aforesaid sale deed a fraudulent deed. The ostensible owners are legally bound to produce the registered lease deed to prove their lease-hold right in respect of properties owned by my Desavazhi ancestors. Since aforesaid Mathen Pattathil Vakeel, Saramma Polaparambil, her legatees and assigns claim title through the members of the princely Hindu joint-family of Cochin; now they cannot claim adverse possession also against my Desavazhi ancestors or me, the real owner as per the decisions of Supreme Court of India reported in (2006) 7 SCC 570 (T. Aniappa & others Vs Somalingappa & another) and (1994) 2 SCC 29 (Arundhathi Mishra Vs Sri Ram Charitra Pandey.) Thirdly, aforesaid sale deed purports to transfer fraudulently intermediary Kanom title alone. It is significant to note that it was during 1962 to 1965 Kerala Land Reforms Bill was introduced in Kerala Legislative Assembly by then veteran minister for revenue, Smt. K.R. Gouri, and heated discussions were going on within the assembly and outside for the promulgation of law. By fixity of tenure under the new enactment being promulgated, all the landlord’s intermediary Kanom and other titles were to vest in the government and such title should automatically enure to the benefit of the cultivating tenants, and therefore, I candidly told A.P. Antony and Sanal P.C., agent of land-mafia, that he failed to understand why aforesaid sale deed was hastily executed. The sale consideration shown in the sale deed was only five hundred rupees for about five Acres and odd land, which was too low and inadequate than the rate prevalent at that point of time. The reason for fabrication of aforesaid deed is obvious; Saramma Polaparambil and her ancestors were not cultivating tenants and they had no lease deed in their/her favour and she/her ancestors were only acting as mere helpers in the management of my ancestral Desavazhi family properties. While fabricating aforesaid fraudulent deed, the anglophiles men like a few sly, dishonest members of the erstwhile princely Hindu joint-family of Cochin, P.J. Mathen Pattathil Vakkeel, M.D. Joseph Manickanamparambil, Saramma Polaparambil and Padmanabha Panicker Kannambilly (witness) and Bharathan Menon (scribe) failed to note that my ancestors, Oli Desavazhi Nambuthiris, fought  several strategic wars against the Zamorin of Kozhikode (Calicut) during the early decades of the 16^th century and as part of the early struggles for independence Oli Desavazhi Nambuthiri attacked the British forces at Mattancheri, Fortcochin and Bolgatty Palace in 1808-09 with the blessings of Paliath Valia-Komi Achan, then prime minister of Cochin. My ancestor Oli Desavazhi Nambuthiris expended a lot of their wealth for the unity, territorial integrity and security of the erstwhile state of Cochin and for the protection of life, property; dignity and honour of their subjects.

The power of attorney executed by the land-mafia, M/s Orange Tree Properties, in favour of their power holder, Maheshkumar S. Kalro, for execution of sale deed in favour of said A.P. Antony too was not proper or sufficient for future use. On the request of Sanal P.C., the local agent of aforesaid land-mafia, I prepared a general power of attorney dated 21-1-2016 and sent it to both Sanal and the power of attorney holder, Maheshkumar S. Kalro. He executed a sale deed No. 201/2016 dated 21-1-2016, registered in book 1 volume 1348 at pages 349 to 354, in favour of said A.P. Antony Ameoarambil on 21-1-2016.

It is pertinent to note that the land-mafias, (M/s Orange Tree Properties, Bengaluru, a registered firm, and their assigns, M/s Ganya Realtors and Developers (P) Ltd., & M/s Liraz Builders (P) Ltd., both registered companies at Thammanam, represented by its directors, Mr. Anush Kalluvila Thomas and Mr. Jacob Kalluvila Babu,) had already purchased another large extent of about 12 Acres of wet land as afore-mentioned comprised in Re Sy. No. 5, 14, 15 & 16 under block 15 of Kumbalam Village. These properties were bought from small holders, mostly consisting of double crop yielding paddy fields and about one and a half acres of wet land in Re Sy. 5/3 under block 15, which was used for prawn farming till recently. When the land-mafias decided to construct fancy villas; they found that the Kerala Building Rules is applicable in Kumbalam Grama Panchayath, and therefore, a 7 M wide access road is mandatory for development of aforesaid 12 Acres of land. It was to overcome that legal hurdle; the land-mafias fraudulently purchased aforesaid 1 Acre 25 cents of properties comprised in old Sy. No 3/3,4,6 (Re Sy. No. 3/12, 3/11, 4/6, 4/3 & 4/2, under block 15 of Kumbalam village, my ancestral Desavazhi properties as per sale deed No. 1976/2008 of SRO Maradu. [ Aforesaid 1 Acre 25 cents was a large area including Padinjare-chira Canal and that area, belonged to Oli Nambuthiri, my ancestor, who was the hereditary Desavazhi of Kumbalam, the real owner and tax payer as per the British Settlement. In ancient times, it was through this Padinjare-chira Canal the Raja of Cochin visited Oli Desavazhi Nambuthiri, who resided in Oli Mana located at Kumbalam (north.) Aforesaid canal was used for landing large number of swift vessels like Odi-vanchi and snake boats (Chundan Vallom,) for transport of Nair warriors during the strategic wars against Zamorin, the ruler of erstwhile state of Kozhikode (Calicut) in the early decades of the 16^th century. There were two 300 year old huge mango trees standing on in Sy. No. 3 of Kumbalam Village, which was on the western side of Padinjare-chira Canal and the oarsmen of swift vessels used to take rest beneath those mango trees. In 1808-09, it was from this Padinjare-chira Canal such swift vessels belonging to the combined forces of Oli Desavazhi Nambuthiri and Velu Thampi Dalwa, then prime-minister of erstwhile State of Travancore commenced their journey to attack the British forces at Mattancheri, Fort-cochin and Bolghatty Palace to capture the British Resident, Col. Macaulay, and Kunjikrishna Menon Natavaramba, who was a favourite of the Kochi Raja who was running for minister-ship in Cochin, and was under the protection of Col. Macaulay. Paliath Komi Achan, then prime-minister of Cochin, too supported the attack by Oli Desavazhi Nambuthiri. But the attempt to capture Col, Macaulay ended in a fiasco. Subsequently Paliath (Govindan) Valia-Komi Achan was ignominiously deported to Madras and he breathed his last in exile. Aforesaid attack was an eye opener for the British; they realized that the proprietary, revenue, judicial, military, and police powers really vested with the Desavazhis and not with the Kochi Raja, the titular head (except appeals on judicial matters,) a decentralized set up. Therefore, the British devised dishonest, crooked and illegal ways to reduce and destroy the powers of Desavazhis. After the attack the Kochi Raja conveniently changed his stand to secure his position and joined hands with several anglophiles and the British Colonialist. As part of their divide and rule strategy; the Oli Desavazhi Nambuthiri was murdered by the coward anglophiles by administering poison at a feast, a humiliating end to a great patriot. Thereafter, his son, the lineal hereditary Oli Desavazhi Nambuthiri, was coerced and unduly influenced and he was converted against his will, into Christian faith during 1815, and was baptized, and renamed as Oli Ousepachan. Other Desavazhis who were close to Oli Desavazhi Nambuthiris too had a similar fate. Lot of other close Desavazhis and Nairs   of nearby desoms too were converted into Christian faith. Large extents of properties were grabbed by the Kumbalam Nazrani Church and their hierarchy in connivance with British Colonialist under coercion and undue influence and the Desavazhi family mutely suffered on the mistaken belief that the church and their hierarchy would take their predecessors and successors into heaven, the abode of God.  It may be further noted that when motor boats were introduced for patrolling by the British, the swift vessels were discarded and gradually aforesaid Padinjare-chira Canal lost its prime importance. Later, it was reclaimed with six large ponds therein. There are five large ponds in the zigzagged plot in Re Sy. No. 4/6 and another very large pond cum large canal, partially reclaimed recently, is situated in Re Sy. No. 4/3, which is a confluence of drains from the south-west, south and south-east that merge and then flow into the adjacent paddy field comprised in Re Sy. No. 5/3 under block 15 of Kumbalam Village. Coconut trees were planted on the sides of the aforesaid ponds therein. These ponds were well maintained and used to be cleaned every year for watering the vegetation around the area and the tenants (Kudikidappukars) around used those ponds to water their vegetation too; they peaceably, openly enjoyed those ponds, as a matter of right and without any objection or interruption whatsoever for more than a century and acquired easement right by prescription over the servient tenement. There used to be lots of Climbing-perch or Karoop and Snake Heads or Varal, varied tortoises, turtles, rat snakes, and water-snakes, varied amphibians like frogs and other fish. Varied other fauna and flora too made use of those ponds. Out of the said six ponds, one at the north end in Re Sy. No. 4/3 was partially reclaimed recently. Aforesaid total 2 Acres 32 cents of land in old Sy. No. 3 properties and other properties in the adjacent and adjoining survey numbers too absolutely belong to the Desavazhi, ancestors of my family, Ayyanat Thayamkeril, Oli Mana at Kumbalam. ]

Thereafter, the land-mafias illegally cut and removed about 55 high yielding coconut trees, mango trees and all other vegetation from Re Sy. No. 3/11, 3/12, 4/6 and 4/3. The land-mafias illegally cut and removed the mangroves also from aforesaid 12 Acres of land comprised in Re Sy No. 5/3, 14, 15 & 16 of Kumbalam village and clandestinely reclaimed a major portion of aforesaid paddy fields, poramboke canals, around seven ponds in tiny dry lands adjacent to tenanted and other house premises, and also large canals including public canals vested in the local authority, for constructing luxury villas on it, a commercial venture, and that too in flagrant violation of various enactments like the Coastal Protection Zone Notification issued under the Environmental Protection Act; the Coastal Protection Zone Notification in force; the Kerala Land Utility Order and the Kerala Paddy Land and Wet Land Conservation Act, 2008. The illegal reclamation of remaining about two acres of paddy fields infested with mangroves and seven live ponds and canals located on the south-western side and western side of their properties leading to the sluice used for prawn farming on the north in Re Sy. No. 5/3 facing Vembanad Backwaters continue unabated. Aforesaid illegal reclamation has caused environmental depredation and had upset the delicate ecological balance in this Region. This is the main reason for flooding and severe damage to the varied crops; spread of varied mosquitoes and water-borne diseases in this Region. Aforesaid land-mafia, in connivance with, officials in revenue, panchayath, police and registration departments at the lower level and a few local political leaders, without distinction in their ideology or manifesto or colour of their flags, are hand in hand and they have entered into a clandestine deal to overcome the legal hurdles to share the profit from aforesaid commercial venture.

The concern for nature and preservation of the bounties of nature grew up out of ethos of natural calamities we experienced. The unprecedented floods of August 2018, we encountered in Kerala, is a grim reminder of nature’s fury. That episode is an eye opener. Like other beings, human beings too should live in harmony with nature. When the land-mafias and their agent committed waste by cut and removal of all vegetation in Re Sy. No. 3/11, 3/12, 4/6 and 4/3 under the garb of fraudulent deeds and attempted to construct a wide private road through Padinjare-chira poramboke canal and by reclaiming ponds, canals and wet lands at the cost of the government exchequer. The locals were hurt by the environmental depredation which has affected the delicate ecological balance of this Region. Heavy flooding during torrential rains and high tide during the month of December-January, caused loss of crops, spread of mosquitoes and water-borne diseases; Santhosh Kunnunkal, Kumbalam & another were constrained to send a notice/representation dated 26-2-17 which was followed by a Mass Petition dated 16-3-17, to the Secretary of Kumbalam Panchayath and District Collector, Ernakulam. Their claim was for preservation of ponds, streams, poramboke canals, wet lands infested with mangroves, Vembanad Backwaters and protection of fauna & flora at Kumbalam Village, which comes under his jurisdiction. Their claim was based on a celebrated decision of the Supreme Court of India, which was reported in (2001) 6 SCC 496 (Menchlal Tiwari Vs Kamala Devi & Others,) which is binding on all courts and quasi-judicial authorities under Art. 141 of the Constitution of India. The Supreme Court held, “The material resources of the community like forests, tanks, ponds, hillock, mountains etc. are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Art. 21 of the Constitution of India.” The Supreme Court further held, “It is the bounden duty of the government including the Revenue Authorities to preserve and maintain them as a recreational spot which will undoubtedly be in the best interest of the villagers. Further it will also help in maintaining ecological balance and protecting the environment.” The District Collector called for a report from the Addl. Tahasildar (LR) Kanayannur and had received the same. Thereafter, as per the delegated power of the District Collector, the Deputy Collector (LR) gave a direction No. L10- 15822/17 dated 5-7-2017 to the RDO/Sub Collector, Fort-cochin and he passed an order of prohibitory injunction  No. K2-124163/17 dated 18-7-2017 restraining the land-mafia from reclaiming the five ponds in Re Sy. No. 4/6  one pond in 4/3 under block 15 of Kumbalam Village and also restraining them from making any other changes (any improvements or committing any wastes) on aforesaid lands. Copies of the aforesaid order was served on the Village Officer (to serve notice on others and to note the order of prohibitory injunction on the thandaper registry;) the Secretary, Kumbalam Panchayath (for information and to take necessary action under Sec. 14;) SHO Panangad Police Station (for his information and to take action U/S 19 of the Kerala Conservation of Paddy Land & Wet Land Act 2008); Sub Registrar SRO Maradu (for information and directing to stop further transfer of properties;) and also Agricultural Officer (for information and to reverse the wrong entries made in Data Bank Report.)

The villagers also came to know that the revenue officials and Panchayath were going to spend huge amounts from the government exchequer to develop aforesaid 4/6 & 4/3 properties under block 15 by forming a wide private road through the Padinjarechira Poramboke Canal properties belonging to the Panchayath by putting concrete slabs over the canal to provide additional 4 meter width for the land-mafia’s proposed 7 M wide road leading to their aforesaid 12 Acres of wet land. The Land-mafias are behind their back with financial help and muscle men for all these illegal attempts. On enquiry, I reliably learned that the Panchayath has taken a “Resolution No. 17 / 2 dated 31-3-2017 of Kumbalam Panchayath, permitting the land-mafias to cover the three meter wide Padinjarechira poramboke canal in order to form a 7 M wide road to take vehicles to their properties.” A copy of the aforesaid resolution was served on the village officer, Kumbalam, as well as the Sub Inspector of Panangad Police Station, for necessary assistance. I myself and other villagers were told that it is being built at a cost of 42 lakh rupees by the Panchayath under the garb “road is for the benefit of the public.” Along with the cost of construction of the concrete slab road, the land-mafia is getting the advantage of the land area occupied by the Padinjare-chira poramboke canal worth crores of rupees. It is pertinent to note that all the residents in that locality have frontage either to the Kumbalam PWD main Road or the 3 M wide Karikkamthara by-lane. The proposed private road through Padinjarechira Poramboke Canal is exclusively for the benefit of land-mafias. They are trying to cover aforesaid Canal with concrete and concrete slabs to make a wide private road and the members of the public do not have any access to that private road. They collected a large quantity, (about 50 truckloads,) of debris in Sy. No. 3 of Kumbalam village with the malafide intention to reclaim the ponds and poramboke canals situated in 4/6, 4/3 and 5 properties. It is pertinent to note that the land-mafias have not surrendered any portion of adjacent 4 meter wide portion of land to the panchayath for the formation of that wide road makes it evident that it is only a private road. It is quite clear why the Secretary of Kumbalam Panchayath, panchayath members, local leaders of political parties is backing the said luxury villa project. Their palms are adequately greased. These political leaders are cunning and they conveniently convert developmental and political issues into communal issues and vice versa and take advantage of the situation. This is a clear case of malafide exercise of sovereign power in order to loot funds from the government exchequer. Such attempts to misappropriate government funds have to be nipped in the bud. It is, therefore, just and necessary to stay further proceedings pursuant to Resolution No. 17/ 2 dated 31-3-2017 of Panchayath to cover the Padinjare-chira canal with concrete slabs to make a private road for land-mafia, to avert misappropriation and loot of funds from government exchequer. At the instance of land-mafias the revenue and panchayath are also planning to install large potable water drains and erecting electrical posts and other installations in the proposed private road at the expense of government. The local leaders and panchayath officials assisted the soil test being done close (up to 25 meters) to the Vembanad Lake for their project to construct fancy villas in 12 Acres of illegally reclaimed paddy land in blatant violation of the Coastal Protection Zone Notifications, Kerala Land Utility Order and The Kerala Paddy Land and Wet Land Conversion Act 2008 & Rules and causing environmental depredation and upsetting delicate ecological balance of this Region. I am aware that the local authority, the revenue, panchayath members and their officials at lower level, a few of the local political leaders, aid and render necessary support to the land-mafias herein, to help the development and market their 12 Acres of properties at Kumbalam north-east area at the detriment and against the interests of villagers of Kumbalam and also the Panchayath. They are committing fraud and misappropriation of government funds for which they are personally accountable.

The latest attempt of the land-mafias and their men in connivance with panchayath and their officials and the Director, Inland Waterways Authority of India, Kannatikkadu, Maradu, is to reclaim clandestinely a portion of the Vembanad Kayal, adjacent to Re Sy. No. 2, 3, 4 & 5 property, in order to construct a wide road for the land-mafias. Once again, “under the garb of doing things for the benefit of the public” by saying that “about 1 Acre of water body of Vembanad Backwater is being reclaimed to provide additional facility for parking vehicles, to plant shade trees, and to provide benches for villagers to enjoy their leisure.” When the panchayath and their men started their clandestine efforts to dredge Vembanad poramboke Backwaters; the local population protested since there is absolutely no bonafides for their claim. The illegal reclamation of Vembanad Backwater portion at Kumbalam north is malafide and it is for the benefit of the land-mafias, and therefore, it is to be deprecated and stopped forthwith. They are likely to attempt the reclamation of that portion of the Vembanad poramboke Backwaters with the help of revenue and panchayath, and that has to be stopped in the interest of justice and for the protection of the environment. However, aforesaid Secretary of Kumbalam Panchayath and the Director of Inland Waterways Authority of India, whose hands were adequately greased, misled the District Collector, and therefore, he gave a blanket order No. DCEKM/684/2022//M2 (7157/2004) dated 4-6-2022 permitting them to reclaim that portion of Backwaters. Under the cover of aforesaid order they started the clandestine reclamation Aggrieved by aforesaid order, fishermen like Shaji Kuttikkat and Augustine represented by me moved a petition against illegal reclamation of aforesaid area of Vembanad Poramboke Backwaters before the District Collector, Ernakulam. He convened a meeting of the interested parties and revised his order directing the Executive Engineer, PWD (Irrigation) to clear and sell the dredged materials from that portion of the Backwaters as per order No. DCEKM/684/2022//M2 (7157/2004) dated 19-7-2022. Inspite of aforesaid order passed the reclamation continued unabatedly. Hence the Village Officer intervened and passed an order No. 253/22 dated 15-7-2022 of stay of reclamation aforesaid area of Vembanad Poramboke Backwaters. A writ petition, WP (C) No. 33041/2019 submitted by Santhosh Kunnunkal & others against illegalities committed by the land mafia and others is also pending before the High Court of Kerala.

Vembanad Kayal, a brackish-water Lake, forms a significant component of coastal ecosystem due to their immense biodiversity values in aquatic ecology and socio-economic services to coastal population. Vembanad Lake is the second largest brackish-water lake in India, stretches over 24,000 Hectares in area and contributes to over 50% of the total area of backwater (Kayal) in Kerala. Vembanad Lake provides a habitat for many of decapod crustaceans as breeding and nursery grounds. Crustacean fishery is one of the major resources of Indian estuaries that include the commercially important shrimps, prawns and crabs. If the land-mafia is permitted to tamper with and destroy the natural state of these estuaries that would result in habitat degradation, which reduces the chances of its sustainability. As the land-mafias and the governmental authorities, have committed the aforesaid offences of criminal conspiracy, criminal trespass, mischief, causing threats of serious / irreversible environmental damage, the onus is on them to show that their action is environmentally benign. If aforesaid land-mafias are permitted to tamper with and destroy the natural state of these estuaries that would result in habitat degradation, which reduces the chances of its sustainability. Moreover, the reclamation of aforesaid area would badly affect the livelihood of fishermen and their convenient and comfortable landing place for their canoes and safe keeping of their fishing nets especially during the time of turbulence.

          Since I was also adversely affected by aforesaid environmental depredation that affected the delicate ecological balance of this Area; I supported the cause of the villagers. As revenge to my objections against illegal reclamation and other illegalities as aforesaid, the land-mafias in connivance with local CPM political leaders started to annoy, irritate and harass and wished to create a lot of problems for me. They started writing party programmes, election propaganda and affixed party posters on my boundary wall. They put up flux boards on my coconut trees and conduct party meetings in my property and turn the blaring speaker towards my house. They encourage the youth to play football & cricket in my property and the gentle wind accumulates all the dust and brought it into my house, which is just opposite on the eastern side. Their children peep into my house. The leaders like Sanu & Babu spoke in filthy and abusive language and they encouraged their men also to speak similarly. The CPM local party leaders and their elected panchayath members (present & former,) were instrumental in the clandestine deal to convert my private mud Varamba/road into a public road; the KSEB and the Water Authority encroached into my properties in Re Sy. No. 19/5 under block 15 of Kumbalam Village and erected posts, drawn electrical lines and large potable water drains through the middle of my property. I preferred a writ petition before the High Court of Kerala and the Hon’ble Court passed a Judgment in WP (C) No. 13966 of 2016 dated 15-3-2017, declaring that the private Varamba/Road passing through the middle of my property is not a Public Road. No appeal or revision was preferred by Kumbalam Panchayath and hence the matter has become final and conclusive. Similarly, at the instance of local party leaders, Krishnan V.T., father of Vinayan Valathara, the local secretary of CPM Kumbalam Local Committee, and James Pandoth gave false evidence in the connected civil suit and the Hon’ble Munsiff Court at Ernakulam; however, the Hon’ble Court passed a final judgment and decree in O.S. No. 2037 / 2002 dated 21-12-2017, wherein the Hon’ble Court held that there is no Public Road on aforesaid property. No appeal or revision was preferred against that judgment and hence the matter has become final and conclusive.

          I was astounded when Kumbalam Grama Panchayath represented by its Secretary, a few panchayath members and their men tried to measure and encroached into about 3 M wide land of mine comprised in old Sy. No. 7 of Kumbalam Village situated on the north-eastern boundary of my property to form a wide road, to avert another bottle-neck of the newly proposed 7 M wide road, for the benefit of aforesaid land-mafia. They were trying to form the balance Karikkamthara Panchayath concrete Road in between the existing three meters wide Karikkamthara Panchayath concrete Road lying east-west on the eastern side of Padinjare-chira Poramboke Canal in between Re Sy. No. 3 & 4 and the six meters wide PWD main Road lying north-south situated on the western side. At that moment itself the villagers pointed out to the officials that no portion of my aforesaid properties are surrendered free of costs to the government or the panchayath, and therefore, it is not just or fair or proper to include my properties situated on the southern side of the boundary wall (in old Sy. No. 7/1.) They also pointed out to them that in 2010 I objected the formation of the road through my property when Jaleel, a contractor of Kumbalam Panchayath, attempted to encroach and concrete a ten feet wide road along with a canal at a larger width with a large bent, like a pregnant woman, encroaching into my property, and the villagers alerted me and due to my objection the work was once again stopped. I was aware that Kumbalam Grama Panchayath, the revenue officers, panchayath members and a few of the local political leaders have entered into a clandestine deal with land-mafias. Now they even neglect their party work and scurry around in the cars of land-mafias, to help their property development and market their slyly acquired 12 Acres of properties at Kumbalam north-east area at the detriment and against the interests of Villagers of Kumbalam and also the Kumbalam Panchayath. Hence I was constrained to invoke the writ jurisdiction by filing a writ petition, WP(C) 5576 / 2017 before the High Court of Kerala and an injunction order dated 17-2-2017 was passed in it restraining Kumbalam Grama Panchayath, the local authority, and their men from entering into my aforesaid properties. Aforesaid incident was an eye opener for me.

Thereafter, when I became more and more conscious of a deeper conspiracy and fraud played by Chakku Ouseph Polaparambil, Mathen Pattathil Vakeel, Saramma Polaparambil, M.D. Joseph Manickanamparambil, Ouseph @ Joseph Kallarakal and his brother, Varkey Kallarakal and their descendants/legatees/assigns; I decided to dig into their deeds and other documents in respect of some of my ancestral Desavazhi properties, which are managed with the help of aforesaid members of Polaparambil, Pattom and Kallarakal families and their fraudulent assigns. I collected information from their neighbours, and also their fraudulent legatees/transferees, neighbours, litigants and had obtained certified copy of fabricated/fraudulent deeds and other documents from SRO Ernakulam, Palakkad, Maradu, and Trippunithura and village offices and local authorities. I also met the Archivist, Archives, Ernakulam, and verified the British Settlement and had obtained relevant information. From aforesaid deeds and other information obtained by me it is quite evident that my ancestral Desavazhi properties, which are traced situate at Kumbalam, Ernakulam, Elamkulam, Maradu and other villages, which are covered by fabricated and fraudulent deeds and those properties absolutely belong to my Desavazhi ancestors and me. Aforesaid members of Polaparambil, Pattom, Manickanamparambil and Kallarakal families, and their assigns are trespassers on aforesaid ancestral Desavazhi properties. I realized that aforesaid fabricated stories and rumours, which were spread by aforesaid members of Polaparambil, Pattom Manickanamparambil and Kallarakal, were unadulterated and blatant lies. In fact, they and their abettors were imposters and they never ever had any deed/or document to show their lease-hold right and interest in the aforesaid Ayyanat Thayamkeril Desavazhi family properties which were closely held, possessed and enjoyed by my ancestral Desavazhis. The entire properties covered by the fraudulent deeds absolutely belong to the Desavazhi, Thayamkeril Lonan Ouseph, my great-grandfather, under the British Settlement. It is significant to note that I myself and my ancestor Desavazhis had never ever transferred any portion of their right, title and interest to members of aforesaid Polaparambil, Pattom and Kallarakal, and their legatees/assigns and/or to Kochi Raja or to any of the members belonging to the princely Hindu joint-family of erstwhile State of Cochin or any other person/s or subjected to any charge to any banks. It is pertinent to note that aforesaid members of Polaparambil, Pattom, Kallarakal and their legatees/assigns never ever had any right, title or interest in respect of my ancestral Desavazhi properties. They were only helping in the management of my ancestral Desavazhi properties. It is significant to note the Lattin legal maxim, “Nemo dat quod non habeth,” which means no one can transfer a better title than he has. Therefore, certified copies in respect of fabricated/fraudulent original deeds purported to have been executed by them are liable to be produced in Court and be cancelled fully. The intermediary title purported to have been fraudulently transferred is already vested in the State of Kerala under the Kerala Land Reforms Act, which came into force on 1-1-1970 and patta would have been issued to my ancestors or me. Moreover, the transfer of registry was made without notice and without giving an opportunity for hearing to my ancestors or me. Since aforesaid Polaparambil, Pattom, Kallarakal, and their legatees/assigns claim right, title and interest through the members of the princely Hindu joint-family of erstwhile State of Cochin or through other fraudulent deeds that followed; now they cannot claim adverse possession against my ancestor Desavazhis or me, the real owner and tax payer. Since those deeds are also fraudulent they are liable to be cancelled fully. I hereby terminate the services of members of aforesaid Polaparambil, Pattom, Kallarakal and their benamis and transferees/assigns in rendering help in the management of my afore-mentioned ancestral Desavazhi properties and they are now trespassers and they shall leave aforesaid ancestral Desavazhi properties forthwith. 

          The land-mafias with the support of local political leaders and in connivance with government officials, whose hands are adequately greased, flouted the order of prohibitory injunction No. 124163/17/K2 of R.D.O. Fortcochin by reclaiming a few ponds partially and some of the ponds fully and had formed a new 7 M wide winding road from the south-western corner to the north-eastern corner of the zigzagged property comprised in Re Sy. No. 4/6 under block 15 and they erected fencing around aforesaid property leaving spaces outside according to their whims and fancies and reclaimed a poramboke canal in Re Sy. No. 5. They are likely to take law into their own hands and would continue the illegal reclamation and other illegal activities in aforesaid properties.

          Simultaneously, the land-mafias, in connivance with revenue, panchayath, police and registration department officials, coerced and unduly influenced their adjacent Kudikidappukars and others in the locality by luring them with tempting offers like almost double the area of land lots of money to construct building and for the marriage of their children. On 4-12-2018 the land-mafia, fully knowing the consequences of flouting the Coastal Protection Notification, the Environmental protection Act, The Kerala land Utility Order, The Paddy and Wet Land (Preservation) Act etc., and the judgments of the Supreme Court, purported to have assigned 1-42 Ares of reclaimed pond area comprised in Re Sy. No. 4 / 6 under block 15 of Kumbalam Village as per sale deed No. 2453 / I / 2018 of SRO Maradu, in favour of Lalan @ Lalu, S/o late Karunan Thundichira, a poor and illiterate man in the locality in exchange of his share in his kudikidappu property and thereby cheated him. Similarly, on 19-2-2019 and 2-11-2020, during lis-pendence, the land-mafias in connivance with aforesaid government officials, purported to have fraudulently assigned 1.41 Ares and 1.62 Ares of reclaimed pond area respectively from my ancestral Desavazhi property comprised in Re Sy. No. 4/6 under block 15 of Kumbalam Village by executing two fake/fraudulent sale deeds Nos. 377/2019 and 1606/2020 of SRO Maradu, executed in favour of Joseph C.J. & his wife Mary Shyja; and Mr. Rathnakumar respectively in mutual exchange of their properties. They are poor and illiterate men in the locality and they were cheated. However, it is reliably learned that they have constructed residential buildings for said Lalan & similar others flouting the Coastal Protection Notification and in the place of the ponds which were reclaimed by land-mafia and thereby causing environmental depredation which badly affected the delicate ecological balance of this Region.   Aforesaid illegalities committed by them, are liable to be reversed and the property in Re Sy. No. 4/6 and other properties has to be restored to its original owner. The land-mafias are likely to attempt further execution of sale deeds and mutation/transfer in the revenue and panchayath records. Now, the land-mafias, with the assistance of Sanal P.C, is negotiating for mutual exchange with Vinod and Ullas, Ss/o Velayudhan Vatakkechira, who are similarly placed. They too are likely to follow and commit the same illegalities as aforesaid.

Aggrieved by the inaction of government officials  coupled with the repeated illegal attempts for reclamation of ponds, poramboke canals, a portion of Vembanad Backwaters and wet lands and also to assign fraudulent properties they entered into by mutual exchange to their poor and illiterate close relations and neighbours and illegal attempts by the land-mafias in connivance with the government officials, Santhosh Kunnunkal & 3 others  filed a civil suit, O.S. No. 259/2018 before the Munsiff Court at Ernakulam and as per the order in I.A. No. 1750/2018 in O.S. No. 259/2018, an Advocate Commissioner appointed by the Hon’ble Court, after giving notice to parties, inspected the relevant properties in Re Sy. No. 3/11, 3/12, 4/1, 4/2, 4/3, 4/6, 5, 14, 15 and 16 under block 15 of Kumbalam Village. The Village Officer and the land-mafias, their agent and their advocates were present at the time of inspection. The Advocate Commissioner has submitted a Commission Report and sketch dated 6-6-2018 in Munsiff Court at Ernakulam. The Commission Report clearly shows various illegalities committed by the land-mafias. Commission Report depicts various illegalities committed by the land-mafias through their agent, Sanal P.C. Aforesaid Commission Report portrays the inundated pathways or katcha roads leading to aforesaid properties fraudulently entered into by the land-mafias; the railway-line on the East; the P.W.D. Road lying North-south on the West that ends at a bus terminal and a ferry-boat jetty at North end; the live ponds, poramboke drains, and streams passing through aforesaid property of land-mafias, which are marked in blue colour, leading to the sluice in Re Sy. No. 5/3 which opens to Vembanad Backwaters on the North; the reclaimed ponds are marked in red colour; the balance 2 Acres of wet lands infested with mangroves is marked in green colour; the sprawling Vembanad Back Waters further North, and a portion of Vembanad Backwaters adjacent to Re Sy. No. 3, 4, 5/3 under block 15 of Kumbalam village which is proposed to be reclaimed. Aforesaid Commission Report further states that the land-mafias have illegally covered about 10 meters of the Padinjarechira poramboke Canal with concrete and concrete slabs as part of the formation of a wide road leading to their 12 Acres of private wet land fraudulently purchased to construct fancy villas therein illegally, a commercial venture.

After the submission of aforesaid Commission Report and sketch dated 6-6-2018, the land-mafias deliberately flouted the order of prohibitory injunction No. K2-124163/17 dated 18-7-2017 passed by the R.D.O. Fortcochin with impunity, Santhosh Kunnunkal & other villagers in the aforesaid locality filed a prosecution petition No. 270100/18/K2 dated 5-7-18 before the RDO/Sub Collector, Fortcochin. The illegalities committed by them are evident from the various reports of the Village Officer dated 8-8-17, Agricultural Officer of Kumbalam Panchayath dated 9-8-17 and JS/Dy. Tahsildar dated 21-7-19 and Addl. Tahsildar (LR) Kanayannur dated 24-6-17 and also the Commission Report dated 6-6-2018 submitted by the Advocate Commissioner in O.S. No. 259/2018 of the Munsiff Court Ernakulam and the photographs taken and produced in that case.  The land-mafias and their agent have no right whatsoever to set at naught my valuable rights as aforesaid. They shall not be allowed to cause environmental depredation and upset the delicate ecological balance or cause nuisance or inconvenience to me and others living in the locality.   

It is reliably learned that measurements are being done by revenue authorities at Kumbalam Village Office level and the land-mafias had approached adjacent Kudikidappukars with tempting offers to assign bits of land available after the formation of aforesaid illegally made 7 M wide road in Re Sy. No. 3/11,12 & 4/6 in exchange of their properties and thereby to cheat them. A few executed agreements for sale and a few deeds have already been registered and a few more deeds would be registered shortly. The documents are likely to be under-valued and black money running into crores of rupees is involved. It is reliably learned that 5 to 15 lakhs of rupees by cheques drawn on Axis Bank, Palarivattom, are paid separately to each of those who have come forward for mutual exchange of their properties. They have already collected the cheque amounts. I have issued registered lawyer notices dated 23-12-2017 and 15-2-2018 to the villagers with whom the land-mafia is negotiating for a deal, cautioning them that they would land in unnecessary trouble if they sell/purchase my aforesaid ancestral properties, which the land-mafia entered into fraudulently, and if they clandestinely sell/purchase my aforesaid ancestral properties inspite of my warning. Unless the land-mafias and their men and agents are restrained / prevented from doing aforesaid illegal acts, it will cause irreparable harm, injury and loss to me and the villagers in the locality in the above issue. Due to pecuniary or political bias and/or other parochial considerations, the new RDO/Sub Collector dismissed order of prohibitory injunction No. 124163/17/K2 dated 18-7-17 abruptly and without affording opportunity to the petitioner for any hearing. [ A writ petition WP(C) No.  30341/19 was filed by Santhosh Kunnunkal & others challenging the aforesaid order of dismissal by the RDO/Sub Collector Fortcochin is still pending. [ It is pertinent to note that another writ petition WP(C) No. 16254 /2019 filed by the land-mafias was dismissed as withdrawn on 16-12-2019, since it was neither maintainable nor sustainable in law.]

The latest provocation, at the instigation of aforesaid land-mafias in connivance with former Secretary of Kumbalam Panchayath (Sreekumar) and former village officer, (Deepthi,) police officials, Sanu Vatakkanat & his brother Babu, who are my neighbours and local CPM leaders, trespassed into my property comprised in old Sy No. 5/1 and 6/1, 7/1,2&3 and committed waste by erection of a building without obtaining a licence or approved plan from the Kumbalam Panchayath, which is mandatory. They further encroached into my property and erected sewage tanks, and temporary sheds. Hence I was constrained to file a civil suit, O.S. No. 313/2020 for recovery of possession of my properties and for consequential prohibitory and mandatory injunctions, damages and for compensatory costs from them. I prayed for a mandatory injunction also directing them to clear and clean up the wastes dumped on my properties as warranted by the Acts and the law laid down by the Courts of Law especially in the back ground of the spread of “Covid-19 viruses” spreading and becoming a menace to humanity, and which is recently declared “PANDEMIC” by the United Nations (UN.) The Hon’ble Court was pleased to pass an order of temporary prohibitory injunction dated 20-3-2020 in O.S. No. 313/2020 of Munsiff Court- at Ernakulam, restraining them from interfering with the peaceful possession and enjoyment of his aforesaid property. I submit that on 7-6-2020 at about 5 P.M. aforesaid Sanu & Babu along with C.K. Padmanabhan, a CPM area committee member of CPM, arrived once again at my residence and insisted for a compromise before the posting of the above case for appearance on 15-6-2020. I apprised C.K. Padmanabhan the real facts of the case and that I am legally entitled for a judgment and decree in my favour and that the Hon’ble Court has already granted an order of temporary prohibitory injunction against Sanu & Babu. But they insisted for ten cents of land excluding the area of land bestowed as right of way given on severance of Kudikidappu property to Babu by his father, which I refused to relent. Thereupon, C.K. Padmanabhan reminded me about the tragic episode at Panangad, where two persons belonging to Velakadavil family were murdered by the CPM loyalists when they tilled their land using a tractor, and he intimidated me by saying, “Unless the demand made by Sanu & Babu is met, they would have to resort to and repeat such incidents.” Sanu & Babu too in unison threatened me of dire consequences if their demand is not met. They had a criminal conspiracy at the residence of Sanu before their arrival at my residence and it is quite evident that they came not for compromise of aforesaid case but only to criminally intimidate me and my household to yield to their illegal demand. My family members were terrified by their atrocious statements. Thereafter they went to the residence of Sanu for further discussions. It is reliably learned that a few years ago, C.K. Padmanabhan wielded a sickle against his opponents in a pathway issue connected with the properties of Sakthipuram Bhadra-Kali Temple at Kumbalam.. Chandrahasan, Vishalayam at Kumbalam, is an eye witness to that incident. There is every likelihood of breach of peace and threat to my life and property and my household. Therefore, I filed an application, I.A No. 5/2021 to prosecute them and their abettors, for violation of the order of prohibitory injunction passed by the Hon’ble Court. That apart, I filed a complaint before the Panangad Police station as well but no action was initiated, and therefore, a complaint was moved before the Hon’ble Judicial First Class Majistrate Court-VIII at Ernakulam, under whose jurisdiction the aforesaid planned offences were committed. The Hon’ble Majistrate directed SHO Panangad to investigate the matter U/S 156 (3) of CRPC and CC No. 302/21 has been registered against them and that is pending.

          I regret to note, “Anarchy has become the order of the day and it is lurking in every nook and corner of this state. The ruling Communist Party (Marxist) actively support such criminals.” Aforesaid land-mafias are not law-abiding. They and the local political leaders, without distinction of their ideology, manifesto and colour of their flags, in connivance with revenue, panchayat and police officials at the lower level, have no respect for the orders /judgments passed by the Hon’ble High Court and sub-ordinate Courts. They are so daring that they even challenge the authority of the courts. Once again, the land-mafias have blatantly violated aforesaid order of prohibitory injunction dated 20-3-2020 with impunity; and they are fully aware of the consequences of disobedience. On 26-7-2021 Sanu in connivance with aforesaid other accused has commenced illegal erection of a readymade concrete sewage tank, and manhole encroaching into my property and constructed a “Work Area/Lean-to” with windows/ventilations on the rear yard (on the southern side,) attached to his fairly new single storied building No. 218A, with partly concrete top and partly asbestos top encroaching more than three meters into my property. The main building No. I/218A too violates rear yard and side yard restrictions like “leaving one and a half  meter space from the respective boundaries” and restrictions regarding erection of doors, windows and ventilations, which are being erected in violation of Kerala Building Rules in force and without obtaining an approved plan and valid permit from the local authority. The encroachment by aforesaid illegal constructions jutting out into my property is more than three meters. Aforesaid land-mafia especially Sanal P.C. & C.K. Padmanabhan, who are supporting them financially, politically and also with muscle men. Photographs taken and produced by my wife, Rose Sally Joseph, would eloquently speak and portray the   encroachments made by him. I filed a petition dated 4-8-2021 before the Secretary, Kumbalam Grama Panchayath with a copy to SHO. Panangad Police Station to issue a stop memo and to initiate criminal action. The authorities were in deep slumber, which afforded time to Sanu to complete their illegal construction work. Neither the Panchayath nor the police have initiated any action due to political and pecuniary bias and other parochial considerations. The illegal construction continued unabated till 10-8-2021. However, I received an evasive reply from the panchayath dated 18-8-2021, which he received on 26-8-2021, and thereby they declined my request to grant a certified copy of the building permit and approved plan of building No. I/218A of Kumbalam Panchayath owned by Sanu stating that it is third party information under the RTI Act 2005 and it will adversely affect the privacy of Sanu. Aforesaid reply reveals that the palms of the panchayath authorities concerned are adequately greased, and therefore, they failed to appreciate the detriment and irreparable injury and damages caused to me. It is pertinent to note that the encroachment made is not trivial. The defendants have encroached more than three meters at a length of 25.4 M into my property. I am amazed, “What is the right of Sanu, Babu & Sanal to set at naught my valuable right of peaceful possession and enjoyment of my properties? Aren’t the authorities duty bound to protect my rights and privacy; and safeguard/secure my life and my household? Is it reserved for the political card holders and leaders of this democratic country? What is the message they are giving to the public?” The police, and officials of the revenue & panchayath stood as mute witnesses to tragic episodes or they help the offender whose coffers are full. The salary of government servants were enhanced to unimaginable levels, which made them lethargic, uncouth and more corrupt, and they are becoming “a shame" before the public. The situation is alarming. On 22-8-2021 Sanu’s eldest son, Sanoj, got married with so much fanfare and celebrations for three days from 20-8-2021 and about a thousand people attended the marriage. I was an invitee but I could not attend the function because of my old age and the Covid protocol. A police officer who came that way in a jeep conveniently forgot about the government instructions issued to them and participated in the lunch.

 I respectfully submit that “where gross violation of laws and injustices are being perpetrated or are about to be perpetrated, it is the bounden duty of Hon’ble Courts to intervene and pass orders/judgments against the offenders to ward of the evil.”

While committing aforesaid encroachments and causing irritation, annoyance and wrongful loss to me the Kumbalam Grama Panchayath, their officials and the panchayath members concerned conveniently forgot the valuable social work and contribution made by my Desavazhi ancestors and me for the infrastructure development of Kumbalam Village.

The facts and circumstances emerged spontaneously and I was constrained to file a civil suit, O.S. No. 63/2019 before the Munsiff Court at Ernakulam, against the fraudulent legatees and assigns/transferees of Chakku Ouseph Polaparambil, Mathen Pattathil Vakeel, Saramma Polaparambil, M.D. Joseph Manckanamparambil and that case was an eye opener.  Thereafter, another suit is being filed against the fraudulent legatees and assigns/transferees of Ouseph @ Joseph Kallarakal, his brother Varkey Kallarakal. They have no right, title or interest in my ancestral Desavazhi properties, since aforesaid deeds are tainted with fraud and illegality. Aforesaid basic deeds as well as those deeds that followed are null and void and have no value in the eye of law. Hence they are not competent to alienate or encumber or commit waste in aforesaid properties.

 

          Similarly, Ouseph @ Joseph Kallarakal (1865-1952,) and his two elder sons, K.J. Joseph @ Papputty Master and K.J. Ithaque Master @ Issac, all devious characters, keenly cherished to have title deeds in their names with oblique motives like enabling them to alienate or encumber my ancestral Desavazhi properties. Since it was next to impossible; Ouseph @ Joseph (Parayil-Kallarakal (67) and his children mentioned above decided to fabricate a fraudulent settlement deed to show at least title on my ancestral Desavazhi properties.  Ouseph @ Joseph Kallarakal purported to have fabricated a fraudulently ‘Bhagatheerppu’ or Partition deed No. 1854 / 1 / 1108 dated  Thulam 25 1108  of  SRO  Ernakulam, whereby he settled the properties scheduled therein the deed, having a total extent of about 3 Acres of my ancestral Desavazhi dry land comprised in old Sy. No. 132/1,2,3&4; 133/1&4 and 1196; another total extent of 9 Acres 27 cents of my ancestral Desavazhi Nilam and chira properties, which was part and parcel of my ancestral Desavazhi wet land, a large salt marsh area, comprised in old Sy. No. 61/1,3,4,5 & 49; 87/5,6 & 89/1,2&3;  90 & 91/8; 101 and 121; which are mismanaged and misappropriated by him. It is pertinent to note that there is no derivation of prior title deed/s mentioned in the aforesaid ‘Bhagatheerppu’ or Partition deed No. 1854 /1/ 1108 and it was fraudulently executed without any competence or authority as is depicted in aforesaid deed, and thereby fraudulently settled aforesaid Desavazhi properties in favour of his three sons, 1. K.J. Joseph @ Papputty, 2. K.J.  Ithaque @ Issac and 3. K.J. Xavier (first two sons born through his first wife and 3^rd son born through his second wife, Thressiamma.)

 

K.J. Joseph Kallarakal @ Papputty Master, the eldest son of late Ouseph @ Joseph Kallarakal purported to have fraudulently bequeathed his share obtained as per fraudulent partition deed No. 1854/1108, which is more fully described in schedules therein. My ancestral Desavazhi dry lands having an extent of 73 cents comprised in old Sy. No. 132/2 and another 8 cents comprised in old Sy. No. 133/1; and yet another extent of 1-28 Acres of my ancestral Desavazhi Nilam and chira properties, comprised in old Sy. No. 101 was bequeathed to his eldest son, K.J. Joseph @ Pappachan; as per a fraudulent registered Will No. 77/1967 dated 16-3-1967 of SRO Ernakulam. Similarly, an extent of 23 cents of my ancestral Desavazhi dry land comprised in old Sy. No. 132/2,1,3,4  & 133/4; and yet another extent of 1-28 Acres comprised in old Sy. No. 101 of my ancestral Desavazhi Nilam and chira properties were bequeathed to his second son, K.J. Abraham; as per aforesaid fraudulent registered Will No. 77/1967 dated 16-3-1967 of SRO Ernakulam.

 

Aforesaid K.J. Xavier Master Kallarakal, the third son of late Ouseph @ Joseph Kallarakal  had no issues, and hence, he purported to have fraudulently bequeathed his remaining properties including his house property, which forms part of my ancestral Desavazhi dry land schedule therein, having an extent of 23 cents of dry land comprised in old Sy. Nos. 132/2,1,3,4 & 133/4 was bequeathed to K.J. Joseph @ Pappachan eldest son of his eldest step brother (late Joseph @ Paputty; and another having an extent of 1.05 Acres of dry land comprised in old Sy. Nos. 132/1 & 2, & 133/4 and 1196 was bequeathed to K.J. Abraham, second son of his eldest step brother (late K.J. Abraham respectively as per a registered Will No.  122/III/ 1980 of SRO Ernakulam. Aforesaid K.J. Abraham expired and his share is purported to have fraudulently devolved on his sole legal heir & daughter, Ancy Santhosh. The prior title deeds, Bhagatheerpu deed No. 1854/1108 and sale deed No. 833/1118 of SRO Ernakulam mentioned in aforesaid two Wills is fabricated/fraudulent. The latter deed has nothing to do with aforesaid Bhagatheerppu or partition deed and/or aforesaid two Wills of SRO Ernakulam that followed. Therefore, the Bhagatheerpu deed No. 1854/1108 and all subsequent deeds that followed are also tainted with fraud and illegality and are liable to be cancelled fully.

 

[In 2013, K.J. Joseph @ Pappachan) S/o Papputty Master, came to my residence along with his one and only son, K.J. Joseph @ Appachan, and handed over photocopies of two registered Wills; Will No. 77/III/1967 dated 16-3-1967 executed by his father, late K.J. Joseph @ Papputty Master, Kallarakal, and Will No. 122/III/1980 dated 9-12-1980 of SRO Ernakulam executed by his step uncle, late K.J. Xavier Master, Kallarakal, who expired without any issues. K.J. Joseph @ Pappachan requested me to prepare a Will in respect of his properties covered under the aforesaid Wills in favour of his only son. I directed them to bring the prior title deeds mentioned in aforesaid Wills, latest basic tax receipt, property tax receipt, E.C., etc. I was aware that he wanted to enable his son to avail a bank loan to send his grandson, Roshan, abroad for higher studies and to pursue a job in Australia. I advised him that a Will takes effect only on the death of the testator, and therefore, I candidly advised them that a gift/settlement deed is a better option. Thereafter, when he met me, he told me that his daughter-in-law, Ancy, a headmistress of a primary school at North Paravur, is making arrangements to take a loan from her Provident Fund Account to meet aforesaid cash requirements. However, K.J. Joseph @ Pappachan did not collect aforesaid photocopy of Wills and those Wills came in handy to trace their fabricated/fraudulent prior title deeds. I submitted an application, No.  I.D: P15774206 to grant a certified copy of ‘Bhagatheerppu’ or Partition deed No. 1854 / 1108 dated  Thulam 25 1108 of SRO Ernakulam but that was rejected on the ground of “damaged/deteriorated,” However, my application for certified copy of the fabricated/fraudulent sale deed No. 833 / 1118 dated Dhanu 20, 1118 of SRO Ernakulam was granted. ]

 

Aforesaid K.J. Joseph Kallarakal @ Papputty Master, the eldest son of late Ouseph @ Joseph Kallarakal purported to have fraudulently, purchased 32 cents of land comprised in old Sy. No. 133/1 of Kumbalam Village, which is actually part and parcel of my ancestral Desavazhi property, as per sale deed No. 1833/1118 dated Metam 27, 1118 of SRO Ernakulam, executed by Padmnabha Panicker, nephew of Gopala Panicker, Mattakkal-Mandanat, 2. Gopalan Krishna Panicker and 3. Kunju Amma Kumbalam desom & Village. Suppressing aforesaid sale deed No. 1833/1118, yet another sale deed No. 621/1951 dated 24-3-1951 was purported to have been fraudulently executed/registered on 31-3-1951 of SRO Ernakulam, and that was deviously executed by Krishna Panicker (56,) nephew of Gopala Panicker, Mattakkal, Kumbalam to Thressiamma (21,) D/o Thomas Pemala-Kizhakketath, and wife of K.J. Joseph @ Pappachan, Kallarakal, and daughter-in-law of K.J. Joseph @ Papputty Master at Kumbalam. It is significant to note that aforesaid sale deed contained a stipulation that 32 cents in old Sy. No. 133/1 was given under a lease by Mattakkal Panicker family to Papputty Kallarakal. Aforesaid Thressiamma @ Theyyamma had given 10 cents of land out of aforesaid 32 cents to Kunjankutty as Kudikidappu and another about 5 cents of land for the tea shop conducted by Kunjankuty, She died intestate and her balance (5.81 Ares) 14.620 cents of land purported to have devolved on her husband, K.J. Joseph @ Pappachan, and their one and only son, K.J. Joseph @ Appachan. Aforesaid K.J. Joseph @ Pappachan, purported to have executed a fraudulent release deed No. 2642/2013 dated 13-9-2013 of SRO Maradu, in favour of his son, K.J. Joseph @ Pappachan, and he in turn purported to have fraudulently assigned 4.16 Ares of land comprised in Re Sy.  No. 64/3-3 out of 32 cents old Sy. No. 133/1 of Kumbalam village in favour of Christan, S/o C.D. Joseph, Puthu-Nikarthil, Kumbalam desom & Village, and his wife, Mable P.J as per sale deed No.  76/2021 dated 6-1-2021of SRO Maradu. [Shortly thereafter, K.J. Joseph @ Appachan was totally bed-ridden due to paralysis. A few of the female members of Kallarakal family suffer from mental disorders. Blessan S/o K.J. joseph @ Appachan, who laid a clam for the new Kallarakal-north house property met with a violent motor accident near Trippunithura and he too succumbed to his injuries. Similarly Jose S/o late K.J. Abraham Kallarakal also had a premature death.]

 

I was taken aback, when I came across a sale deed No.  2118/1974 of SRO Ernakulam which is purported to have been fraudulently executed by Bhargavi Mattakkal (61) residing in Puthenpura, Kumbalam desom & village in favour of Mariamma Thomas Anjilikkal, Kumbalam desom & village and she in turn fraudulently assigned the same to her husband Paul Thomas Anjilikkal as per sale deed No. 2425 / 1991 of SRO Maradu. Aforesaid Paul Thomas, fraudulently assigned aforesaid property in favour of his son, Joseph Thomas Anjilikal as per sale deed No. 407/2014 of SRO Maradu. It is pertinent to note that the total extent in old Sy. No. 133/1 is only 32 cents which was already assigned by Mattakkal family to late K.J. Joseph, @ Papputty, school master, S/o late Ouseph @ Joseph Kalarakal Kumbalam as per sale deed No. 1833/1118 dated Metam 27, 1118 of SRO Ernakulam; and suppressing aforesaid sale deed another sale deed 621/1951 of SRO Ernakulam, too was fraudulently executed by Krishna Panicker (56,) nephew of Gopala Panicker, Mattakkal in favour of Thressiamma W/o K.J. Joseph @ Pappachan. In such circumstances there is no rhyme or reason to execute a third fraudulent sale deed No. 2118/1974 SRO Ernakulam, and subsequent deeds No. 2425 / 1991 and 107/2014 of SRO Maradu in favour of Anjilikkal family. All the aforesaid deeds are fabricated and fraudulent and are null and void and are liable to be cancelled fully. [Aforesaid Thomas S/o Paul Anjilikal was the sacristan of Kumbalam Nazrani Church; he was sacked from that post.]

Aforesaid K.J. Joseph @ Pappachan, and his one and only son, K.J. Joseph @ Appachan. purported to have fraudulently assigned 27 cents of my ancestral Desavazhi properties in favour of  Mrs. Thankamma @ Kathri, W/o. Vasu Matheparambil-Nikarthil, Kumbalam desom & Village; Mr. Harshan, S/o Kuttan, Radha Mandir in Matheparambil-Nikarthil, Kumbalam desom & Village, and Mr. Shaji, working in Indian Navy, S/o George Suryapilly , Kumbalam desom & Village, 

Aforesaid K.J. Joseph @ Pappachan, purported to have fraudulently assigned my ancestral Desavzhi properties having an extent of 1.28 Acres of land comprised in old Sy. No.  101 (50.30 Ares in Re Sy. 90/3 under bock 15) of Kumbalam village in favour of  Mr. Ancil (21), S/o C.M. Abdul Rasheed, Chalackal, Vennala Kara, Edappally South Village, Kochi- 682 028.as per sale deed No. 3418/2004   of SRO Maradu.

 

Likewise, aforesaid late K.J. Abraham, father of Ancy Santhosh, purported to have fraudulently assigned my ancestral Desavzhi properties having an extent of 1.28 Acres of land comprised in old Sy. No.  101 (50.30 Ares in Re Sy. 90/1 under bock 15) of Kumbalam village in favour of  Dr. C.M. Muhammed Basheer, S/o C.K. Mohammadali, Medical College P.O., Pin 690 011, Pattom Village, Thiruvananthapuram Taluk as per sale deed No. 3419/2004   of SRO Maradu.

 

Aforesaid late K.J. Abraham, father of Ancy Santhosh purported to have fraudulently gifted my ancestral Desavzhi properties having an extent of 23 cents comprised in old Sy. No.  132/2, 1, 3, 4  & 133/4 Part  (7.40 Ares in Re Sy. 53/10 & 9 under bock 15) of Kumbalam village in favour of his first cousin’s mother, Yupressia, as per a gift deed No. of SRO Ernakulam. She expired and therefore, it devolved on her two sons, K.I. Jose & K.I. Antony.

Aforesaid late K.J. Abraham, purported to have fraudulently gifted my ancestral Desavzhi properties having a total extent of 1 Acre 05 cents comprised in old Sy. No.  132/1, 132/2, 133/4  (Total 22.50 Ares in Re Sy. 53/9&11 under bock 15) of Kumbalam village as well as my ancestral Desavazhi property having a total extent of 1 Acre 45 cents comprised in old Sy. No.  87/5,6; 89/1; 89/2; 89/3.   (Total 58.70 Ares in Re Sy. 88/2, 88/4 & 89/2 under bock 15) of Kumbalam village fraudulently entered into by his wife (late Elikutty,) which devolved on him and his only daughter, was gifted in favour of his one and only daughter, Ancy Santhosh, as per a Will/gift deed No.  of SRO Ernakulam. 

Aforesaid late K.J. Ithaque @ Issac Kallarakal, the second son of late Ouseph @ Joseph Kallarakal, died intestate and hence my ancestral properties having an extent of 2 Acres 24 cents comprised in old Sy. No.  61/1, 3, 4, 5 & 49, 91/10-D & 7-D, 90 & 89/2 Part (total 90 Ares in Re Sy. No. 88/2, 88/4 & 89/2 under bock 15) of Kumbalam village, which they fraudulently entered as his share obtained as per fraudulent settlement deed No. 1854/1108, purported to have devolved on his wife, Yupresia @ Achamma Issac, and their children, K.I. Jose & K.I. Antony. Their mother Yupresia too expired and her share too devolved on K.I. Jose & K.I. Antony.

Late K.J. Xavier, the third son of Late Ouseph @ Joseph Kallarakal through his second wife Thressiamma, purported to have fraudulently assigned my ancestral Desavzhi properties having an extent of 2.70 Acres of land comprised in old Sy. No.  90 & 91/8 (1.08.45 Hectres in Re Sy. 88, 91 /1,2,5,6,7,8        under block 15) of Kumbalam village in favour of Joy Kozhivally at Panangad, as per sale deed No.   of SRO Ernakulam. Said Joy Kozhivally in turn purported to have fraudulently assigned aforesaid Desavazhi Nilam property to Mr. Mohan Babu, NRI, S/o Late Raghavan, Rohini Gardens, Near Yoga-parambu, Kumbalam P.O., now residing in Sree Nikethan,  Janatha Road (Lane 12 Jn.,) Vyttila, Kochi-682 029, represented by his manager, Sethu @ Saidmohammed, Rohini Gardens,  Kumbalam P.O. and his wife Mrs. Rohini , as per sale deed No.   of SRO Ernakulam.

 

It may be further noted that while late Ouseph @ Joseph Kallarakal was managing the properties of Kumbalam Nazrani Church as Kaikaran or helper; there was an allegation that he had misappropriated 10,000/- rupees from said Church Funds and that debt was later passed on to his elder two sons, K.J. Joseph @ Papputty & K.J. Ithaque @ Issac, as per his fraudulent settlement deed No. 1854/1108 of SRO Ernakulam. Fr. Issac Pottayil, the Vicar of Kumbalam Nazrani Church tactfully appointed his youngest son, K.J. Xavier, a high school teacher and a gentleman, as Kaikaran of the Church and pressurized him with timely digs at public gaze to belittle him. When the Church threatened to initiate civil and criminal proceedings against his father and his elder step brothers; K.J. Xavier Master and his mother, Thressiamma, (close young nephew and sister respectively of my grandfather) pestered, unduly influenced and also coerced my grandfather to discharge their liability. The Vicar of aforesaid Church and other laities too persuaded him and he yielded under the mistaken belief that the priests and their hierarchy would take all their predecessors and successors into heaven, the abode of God,  and therefore, my grandfather bestowed about one acre of land to Kumbalam Nazrani Church by executing a registered sale deed No. 1544/1115 ME dated Metam 31, 1115 of SRO Ernakulam to avert the threatened attachment and sale of aforesaid Chembaranjeri properties and to avoid criminal cases and also under the aforesaid mistaken notion. It is pertinent to note that the Kallarakal family had fraudulently entered into about 12 Acres of my ancestral Desavazhi land when the aforesaid liability to the Kumbalam Nazrani Church was slyly passed on to the shoulders of my grandfather. Another significant issue was that there was an understanding between my grandfather and the Kumbalam Nazrani Church that on payment of the said amount the properties covered by the aforesaid sale deed would be returned to my family but the church authorities failed and refused to honour the commitment when the amount with interest was tendered to the church authorities by my grandfather and my father. When aforesaid properties were assigned by the Kumbalam Nazrani Church, my father was ready and willing to pay the sale consideration but Church authorities refused to give that property back to us. [The buyer of aforesaid property and his son committed suicide shortly. ]

 

Late Chandy son of late Varkey Kallarakal-south, purported to have fraudulently assigned 74 cents in old Sy. No. 140/2, which forms part of my ancestral Desavazhi properties having a total extent of 1Acre 38.025  cents comprised in old Sy. No. 140/2 (63.35 Ares in Re Sy. No. 59/1 & 59/2 under block 15) of Kumbalam Village to his brother-in-law, Chacko Kunnunkal, as per sale deed No. 498/1955 dated Etavam 10, 1125 ME  of SRO Ernakulam. His mother, Annamma Maniamkot wife of late Varkey Kallarakal, purported to have fraudulently assigned another 74 cents in old Sy. No. 140/2, which forms part of my aforesaid ancestral Desavazhi properties, to her son-in-law, Chacko Kunnunkal, as per mortgage deed No. 15/1955 dated 4-1-1955 of SRO Ernakulam. Thereafter she purported to have fraudulently assigned aforesaid 74 cents in old Sy. No. 140/2, to her son-in-law, Chacko Kunnunkal, as per sale deed No. 2185/1955 of SRO Ernakulam. Aforesaid Chacko Kunnumkal died intestate and aforesaid Desavazhi property purported to have fraudulently devolved on his wife, Achamma Chacko (Kunnunkal) residing inKallarakal and their children (five daughters, (Daisy, Alphonsa, Kochuthressia, Rosily & Kochurani) & one son, George, who also expired,) and therefore, purported to have fraudulently devolved on his wife, Valsamma and their children. They partitioned their properties as per partition deed No. 1706/1993 of SRO Maradu. Achamma Chacko, W/o late Chacko Kunnumkal residing in Kallarakal, Kumbalam also expired. It is pertinent to note that aforesaid fabricated/fraudulent title deed and all prior deeds are in respect of my ancestral Desavazhi properties and they are executed without any competence or authority as is depicted in aforesaid fraudulent deeds.

 

It is significant to note that aforesaid members of Polaparambil, Pattom and Kallarakal family were/are not cultivating tenants and they had no lease deed in their favour and their predecessors were only acting as mere helpers in the management of my ancestral Desavazhi family properties. Under the Kerala Land Reforms Act, which came into force on 1-1-1970, if they were cultivating tenants they would have got fixity of tenure under the Act, the landlord’s intermediary title vested in the government. Aforesaid Desavazhi properties still continue in the name of Desavazhi as depicted in the British Settlement as well as in the new BTR. While fabricating aforesaid fraudulent deeds, the anglophiles like members of Polaparambil, Pattom, Manickanamparambil and Kallarakal families failed to note that my ancestor Oli Nambuthiris, fought several strategic wars against the Zamorin of Kozhikode during the early decades of the 16^th century and as part of the early struggles for independence Oli Nambuthiri attacked the British forces at Mattancheri, Fortcochin and Bolgatty Palace in 1808-09 with the blessings of then prime- minster of Cochin, Paliath Achan. My ancestors, Oli Nambuthiris, expend a lot of their wealth for the unity, territorial integrity and security of the erstwhile state of Cochin and for the protection of life, dignity and honour of their subjects. Hence all aforesaid basic deeds and the deeds that followed are tainted with fraud and illegality and hence null and void. I respectfully submit that he has reasonable apprehension that if aforesaid sham/fraudulent settlement and sale deeds and other deeds that followed are left outstanding, that might cause him serious and irreparable injury and financial loss, and therefore, this Hon’ble Court may, in its discretion, so adjudge it to be delivered up and cancelled fully. The Hon’ble Court also may be pleased to send a copy of the decree to the Sub Registrar, SRO Ernakulam, Maradu and Trippunithura, Palakkad, directing them to note on the copy of the instrument contained in their books the fact of its cancellation as well.

 

Members of Polaparambil, Pattom and Kallarakal families are not law-abiding. They have no right whatsoever to set at naught my valuable rights as aforesaid. They are liable to compensate me for the undue enrichment of wealth by mismanagement and misappropriation of usufructs from my ancestral Desavazhi properties. I reserve my right to sue them for appropriate relief for undue enrichment and damages in due course.

 

Aforesaid concerted acts, pursuant to a criminal conspiracy, are highly illegal, unlawful and intended to insult / annoy / interfere with peaceful enjoyment of my property. They had committed aforesaid offences of criminal conspiracy, criminal trespass, creation of fabricated and fraudulent deeds, mismanagement and misappropriation and illegal exercise of sovereign power, and thereby causing wrongful loss to me and wrongful gain to them, and therefore, they and agents are also liable to be prosecuted / convicted / sentenced for the aforesaid offences r/w Sec. 34 of IPC. The vigilance department of the government shall initiate disciplinary proceedings also against erring government officials and others staffs involved in illegal exercise of sovereign power as well.

 

The sins of deceased Chakku Ouseph Polaparambil, Mathen Pattathil Vakeel, M.D. Joseph Manickanamparambil, Saramma Polaparambil, Dr. P.J. Jose Polaparambil are laid upon the members of Polaparambil and Pattom families and their legatees/transferees/assigns (Reshma Sara Polaparambil,W/o Adv. Firoze Robin Anathanam and Rosy Kallivayalil, (wife of late Dr. Jose Polaparambil) P.J. Mary (Pattom) Polaparambil, W/o Dr. Baby Pattom, Premy B. Pattom W/o Thomas Paul Parakkal, Dr. Jay B. Pattom, and their abettors, Padmanabha Panicker S/o Rama Kaimal (Therampurath) Kannambilly at Kumbalam & Gopalan Bharathan Menon, Sreevilasom, Kumbalam  and all the partners of M/s Orange Tree Properties, Bengaluru, the directors of M/s Ganya Realtors and Developers Private Limited, Thammanam represented by Anush Kalluvila Thomas and Jacob Kalluvila Babu) and their legatees/transferees/assigns and their future generations. And the sins of deceased Ouseph @ Joseph Kallarakal and his brother, Varkey Kallarakal, K.J. Joseph @ Papputty & K.J. Ithaque @ Issac, Achamma Issac,  K.J.  Xavier, K.J. Abraham, Annamma Varkey Kallarakal, Chandy Kallarakal, Chacko Kunnumkal Kallarakal, Achamma Chacko Kallarakal and their legatees/transferees/assigns are laid upon the members of Kallarakal family (K.J. Joseph @ Pappachan, K.J. Joseph @ Appachan, Ancy Santhosh D/o K.J. Abraham, K.I. Jose, Kallarakal, K.I. Antony, Daisy, Alphonsa, Kochuthressia, Rosily, Kochurani, Valsamma George and their legatees/transferees/assigns and their future generations.) I hereby terminate the services of the members of families Polaparambil and Kallarakal and their fraudulent assigns/transferees, and their agents in the management of my ancestral Desavazhi properties. I make it clear that they and their men’s presence hereafter on my ancestral Desavazhi properties is illegal. Unless they leave my aforesaid properties without any demur, the curse of the forlorn lady, my great-grandmother, would fall upon them and their fraudulent assigns and their future generations. I sincerely hope that wisdom would dawn on them and their fraudulent legatees/transferees/assigns, and they would better leave all my ancestral Desavazhi properties to me, the real owner.

 

I regret to note that there are relevant, strong, and cogent circumstantial evidences to discern the vital role played by Chakku Ouseph Polaparambil, Ouseph @ Joseph Kallarakal, Varkey Kallarakal and Mathen Pattathil Vakkeel in the murder of my great-grandfather, Oli Lonan Ouseph Thayamkeril (1899) and granduncle, Xavier Thayamkeril (1915.) Both Mathen Pattathil Vakeel and his son-in-law, M.D. Joseph and their men had played a crucial role in the mysterious and untimely death of my grandfather, Ouseph Thayamkeril (1895-1946,) and his male children also. Their involvement in those heinous crimes were manifested on their faces and the body of their children, which are worthy of scientific and forensic research. I have observed varied defects/shortcomings/handicaps and other manifestations (like violent deaths, massive heart attacks, unsoundness of mind, scalp without hair, paralysis, cleft lip, death by self-immolation, drug addicts, complex family problems, penury, demolition of well-maintained tharawad houses, etc.,) in other families too who had committed similar dreadful crimes. I have noticed that Mathen Pattathil Vakeel, M.D. Joseph and Padmanabha Panicker Kannambilly (Therampurth,) out of guilt, would never look straight on my face; they either looked down or gazed elsewhere when they conversed with me. It is pertinent to note that Mariakutty Mathen (1894-1920,) wife of Mathen Pattathil Vakeel expired at the young age of 26 due to hyper tension. I vividly remember the two senior students, more than five years older to me, who used to harass me during intervals; while I was studying in 2^nd standard in St. Mary’s Primary School at Kumbalam. Both of them were brothers and had long thumb nails. They used to press their nails on my fingers causing excruciating pain, sometimes my skin peeled off, and thus they extracted my slate pencils. I am amazed, “Why I was singled out for such special treatment?” I did not make any complaint to my teachers or my parents? I gathered that they and their parents are Communist Party loyalists, who are close and loyal to Polaparambil family. After some time another senior student started to harass my elder sister, Thressiamma, too. He used to beat her up with a long scale in her class in the gaze of her classmates without any cogent reason. One day, my father came to know about it. I too was taken aback by the incidents happening at school. I was amazed, “Who were behind the scene in connivance with local Communist party men? Why Mathen Pattom Vakeel, a public figure – who was a nominated panchayath president, and who ws aware of aforesaid incicents at school, did not intervene?” I strongly believe that these harassments were psychological threats to ruin the morale of the new generation of Oli Mana, my household. When such harassments continued unabated, my father intervened and the culprits abruptly stopped their nefarious activities. I was well aware that Mathen Pattathil Vakeel and M.D. Joseph were so cruel and heartless and they would stoop down to any extent/level to achieve their targets. All the water in Vembanad Lake is not enough to cleanse the bloodstained hands of Chakku Ouseph Polaparambil, Ouseph @ Joseph Kallarakal, Varkey Kallarakal, Mathen Pattathil Vakkeel, M.D. Joseph Manickanamparambil, and their abettors, Padmanabha Panicker Kannambilly (Therampurath) and others. The legatees/assigns/transferees of Polaparambil, Kallarakkal, Kannambilly (Therampurath) families and other abettors are answerable for their vital role in the heinous crimes they had committed.”

The curse of my great-grandmother, “Chakku Ouseph Polaparambil, Oseph @ Joseph Kallarakal, Varkey Kallarakal, Mathen Pattathil Vakeel, and their legatees/transferees/assigns could not enjoy the ancestral Desavzhi properties of Oli Mana,” looms large on them and their future generations and their fraudulent legatees/transferees/assigns and abettors. Flies and maggots are chasing the predecessors of Reshma Sara W/o Adv. Firoze Robin Anathanam,) Rosy Jose (Kallivayalil) Polaparambil and P.J. Mary Polaparambil (Pattom) and Ouseph @ Joseph Kallarakal, Varkey Kallarakal and their family members, legatees/transferees/assigns; and aforesaid sly, dishonest and scheming predecessors are twisting and turning in their graves hoping that wisdom would dawn on their legatees/transferees/assigns at least at the eleventh hour to salvage them from the inexhaustible fire, and excruciating pain and agony of the hell. I too sincerely hope that the legatees/transferees/assigns would act prudently and would not wait for the civil court to throw them out. Beware! Now the time is ripe to throw all of them out of my ancestral Desavazhi properties.

 

 

(Kindly read my article, “THE ARRIVAL OF THE BRITISH COLONIALIST IN COCHIN; ATTACK ON BRITISH FORCES IN 1808-09 AND COERCIVE CONVERSION OF HINDUS INTO CHRISTIAN FAITH AND INDUCTION OF TENANTS” to understand the background.)

 

I vividly remember Mariamma Valliamma, my close grandaunt, narrating old episodes about her father, Oli Lonan Ouseph Thayamkeril (1870-99,) my great-grandfather, who was the senior lineal hereditary Desavazhi of Kumbalam. He had a sound health and physique and was an expert in Kalari-payattu, a martial art. Unfortunately he expired prematurely in mysterious circumstances. She said, “He returned to Oli Mana/home after having attended a feast, Sadhya.” Leaning her back against the arboreal wall, she shut her eyes and sighed. Tears rolled down profusely. I took the towel from her shoulder and dabbed her cheeks. After a while she said, “Her father complained of headache and stomach pain and went to take rest inside his bed room. Late in the evening he developed nausea and vomiting. Her mother gave little ginger and a paste of nutmeg thinking that it was due to indigestion. After a while, he complained of severe abdominal cramps and pain. Before her mother could do anything he became unconscious and left them helpless and all alone, with his premature and unexpected death.” The forlorn lady was so helpless. “To whom could she complain; when the protector devours his Desavazhi and that too with the blessings of the British colonialist,” She quipped.

Mariamma Valliamma continued her narration. After the unfortunate incident, my great-grandmother, Thressiamma, the forlorn lady, had no one to fall back on. She became a recluse. Like a hatching fowl spreading her wings to protect her brood; she too took her children huddled and preferred to shut herself in one of the inner rooms of Oli Mana. There was none to comfort them in their tormenting loneliness in order to lighten their load of grief and worry from the tragedy which had already occurred. The state of neglect and abandonment made their lives extremely difficult. They had three minor children; Mariamma (10,) Thressiamma (8,) and Oli Ousepachan (3.) The eldest daughter, Mariamma, was given in marriage at the age of 8 to Ittiavira Kudiyiruppi at Chengal, near Kalady and they too were minors at the time of the demise of Oli Lonan Ouseph Thayamkeril. After that episode, two familiar faces, who were Nair converts to Christian faith, Chakku Ouseph Polaparambil and Ouseph @ Joseph Kallarakal, S/o Ithaque Kallarakal at Kumbalam, came forward to help her out in the management of all the properties of Ayyanat Thayamkeril (Oli Mana.) Those days a lady was given in marriage at the young age of 8 years, but the forlorn lady, my grandmother, desperately failed to find a suitable marriage alliance for her daughter, since her helpers in the management of my ancestral properties blocked all good marriage proposals that came for her younger daughter, Thressiamma, with ulterior motives. Aforesaid minor Thressiamma was about to cross 13 years of her age, which was considered a shame for the family. While so, Ouseph Chakku Polaparambil & Ouseph @ Joseph Kallarakal unduly influenced and coerced my great-grandmother and she reluctantly and involuntarily gave her 13 year old daughter, Thressiamma, in marriage to Ouseph @ Joseph Kallarakal, who was then a widower, around 50 years of age at that point of time, which was against the wish and liking of the minor daughter. I remember Thressiamma Valliamma too had nodded her head in disapproval of her fate. Her son, Uncle Xavier Master, also regretted the awful, hurtful, annoying and agonizing incident and reminded me, at times, to take care when marriage alliances are arranged for my sisters.

The marriage alliance with the minor Thressiamma, my grandaunt, gave both Ouseph @ Joseph Kallarakal and Chakku Ouseph Polaparambil an upper hand in the dealings of Ayyanat Thayamkeril Desavazhi properties and gave opportunities to meddle with our deeds and documents and they committed breach of trust reposed in them. Gradually they fabricated stories and spread rumours in the village that some of my ancestral family properties were bestowed to Choolackal Mana, and Kanatan Mana, who were the Desavazhis of Karithala desom and Chenganad (Thevara) desom respectively at Ernakulam, to defray their expenses for the attack/war against British forces at Mattancheri, Fort-cochin and Bolgatty Palace and those two Desavazhis, in turn mortgaged those properties to erstwhile ‘the Bank of Cochin (P) Limited’ and that Polaparambil family bought those properties in court auction, and aforesaid rumours were blatant and unadulterated lies, and a ruse  to misappropriate the usufructs from my ancestral properties. In fact, Ouseph @ Joseph Kallarakal and Chakku Ouseph Polaparambil and their successors were only tenants (Kudikidappukars) in our ancestral properties and they never ever had any deed/document to show their lease-hold right or title or interest in the aforesaid Ayyanat Thayamkeril Desavazhi family properties. The entire properties covered by the fraudulent title deeds absolutely belong to Kumbalam Desavazhi of Ayyanat Thayamkeril, my ancestor, and Desavazhi is the tax payer under the British Settlement. My ancestors or I have never ever executed any lease or sale deed or Enam in respect of our ancestral properties in favour of Ouseph @ Joseph Kallarakal or Chakku Ouseph Polaparambil, or Mathen Pattathil Vakeel, Saramma Polaparambil or to members of erstwhile princely Hindu joint-family of Cochin or to any other person/s or bank/s including members of Pulluvalli Nair family. The ancestors of Polaparambil and Kallarakal families were only helping in the management of properties of Desavazhi family, when my great-grandfather, Oli Lonan Ouseph Thayamkeril, who expired prematurely. If at all there is a lease deed as mentioned in the aforesaid sham/fraudulent sale deed/s in favour of late Chakku Ouseph Polaparambil, or P.J. Mathen Pattathil Vakeel or Saramma Polaparambil or Ouseph @ Joseph Kallarakal or his brother, Varkey Kallarakal or their predecessors that too is a fraudulent deed/s fabricated by them.

 

          Aforesaid Ouseph @ Joseph Kallarakal (1865-1952,) and Chakku Ouseph Polaparambil (1854-1920,) and their descendants, and transferees/assigns, who were helping in the management, used to mismanage and misappropriate the yield, timber, other usufructs and funds from my ancestral properties for their lavish living. Ouseph @ Joseph Kallarakal used his slyly amassed share of wealth from my ancestral Desavazhi properties for the construction of a new single storied arboreal residential house with tiled roofing (Kallarakal-north house) in old Sy. No 132/2 corresnding to Re Sy. No. 53/8 under block 15 of Kumbalam village to display his immense fraudulent wealth he slyly amassed and also to show his might and power. Thereafter, he gave his share in the dilapidated thatched tenanted, Kudikidappu, house (Kallarakal-south) to his brother Varkey Kallarakal; and he and his household shifted their residence to the new house erected in Kallarakal-north (Chembaranjeril-paramba.) Inspite of his illiteracy, the slyly amassed wealth made Ouseph @ Joseph Kallarakal an influential man in the locality. His first wife, Cicily D/o late Joseph Lonan Chirathara Nair converts to Christian faith, who was settled as tenant at Chathamma in Kumbalam village. [Late Lonan Joseph Chirathara and Fr. Yohannan Chirathara (who was buried in Puthiakavu Church near Trippunithura,) were her brothers and her niece, Elikutty Chirathara was married to Kuriakose Puthenpurakal (Kattel) Nair convert to Christian faith, who were settled as tenants near the present Bharath Rani Church at Panangad, in Kumbalam village.] Immediately after Cicily’s mysterious death, Ouseph @ Joseph Kallarakal virtually took away Thressiamma, a young lady from my house, under coercion, undue influence. Chakku Ouseph Polaparambil, played a vital role that conferred Ouseph @ Joseph Kallarakal a superior family status and influence in the locality, and he was indebted to Chakku Ouseph Polaparambil on this account. Aforesaid marriage also lend a hand to get better marriage alliances for his elder two step sons, K.J. Joseph @ Papputty & K.J. Ithaque @ Issac, both studied only up to 7^th standard and working as lower primary school teachers at St. Mary’s School at Kumbalam and thereby they slyly acquired a Nair Madambi convert status and became more and more influential in the locality. “The specific understanding between aforesaid helpers was that when Ouseph @ Joseph Kallarakal gets a beautiful young lady as his second wife and that too the Desavazhi’s daughter; he should support Chakku Ouseph Polaparambil to clandestinely grab major portions of my ancestral Desavazhi properties.” I vividly remember aforesaid statement from Kuncheria Pattom and Chacko Pattom, sons of Mathen Pattom Vakeel, when they arrived at our residence to break their fast. Both of them and my father were contemporaries and were members of a Drama Club attached to St. Mary’s Church at Kumbalam. My father introduced me to them. I was then studying for Pre-Degree in Sacred Heart College at Thevara in 1966. They told my father that they came early in the morning from Pulinkunnu by the first boat to meet their sister Saramma & their brother-in-law to make a last attempt to bestow at least some of the items of properties to them preferably those situate at Thevara or Perumanoor. They were heart-broken, when they said, “Our sister, Saramma, not only relented our request but also she refused to give even a cup of tea for us. Their behavior was disgusting.” 

 

          Likewise, aforesaid developments and events in Kallarakal family enthused and encouraged Chakku Ouseph Polaparambil too, in a competitive spirit, to use his slyly amassed large share of misappropriated wealth from my ancestral Desavazhi properties to commence the erection of a new, large, double storied residential building with tiled slopping roof, in old Sy. No. 140, 141 & 142 correponding to Re Sy. No. 58/4 & 57/8 under block 15 (Polaparambil Nair Tharawad, who were converted to Christian faith,) to display their immense fraudulent wealth Chakku Ouseph Polaparambil slyly amassed and also to show his might and power. Unlike Kallarakal family, aforesaid Chakku Ouseph Polaparambil focused his attention in grabbing my ancestral Desavazhi family properties as much as he could muster. However, he could not fully achieve his dream of completing aforesaid large double storied residential house he was erecting before the marriage of his daughter, Mariakutty (1894-1920.) However, Ousepachan Pattathil, S/o Mathappi and grandson of Pappi Pattathil, Pulinkunnu, Kuttanad and his wife, Thressiamma Edangarupally (D/o Joseph Edangarupally and granddaughter of George Chengelipadam, Muvattupuzha, who was adopted to Edangarupally Tharawad. a branch or thavazhy of Blahayil Nair converts into Christian faith, at Kumbalam,) proposed and mediated his/their cousin, Mathen Pattathil (1887,) a fledgling Vakeel, S/o Joseph and grandson of Pappi Pattathil, Pulinkunnu, Kuttanad, in marriage for Mariakutty D/o Chakku Ouseph Polaparambil. Chakku Ouseph adopted Mathen Pattathil as his son-in-law. Mathen Pattathil Vakeel was an equally or more devious, sly and fraudulent person than him. Mathen Pattathil Vakeel started assisting his father-in-law and gradually became the helper in management of my ancestral Desavazhi properties. He was very cunning and avaricious too. He accumulated lots of wealth through mismanagement and misappropriation of my ancestral Desavazhi properties. They played a vital role in the murder of one of my great-granduncle, Xavier Thayamkeril, (at the age of 12,) who married Mariamma (8,) a lady from Thurutheth Valiaparambil, Vaikom. Later his widow was re-married to Kochappan Katamapuzha family in Kanjirappally. Aforesaid Mariamma Kochappan Katamapuzha expired leaving their one and only daughter, who was married into Kanalekalam, a branch of Purakkal family at Pulinkunnu. She and all her children are no more except K.P. Kuncheria Kanalekalam (Purakkal,) who sold all his properties at Pulinkunnu and settled at Ranni in Pathanamthitta. However, his son, Mr. Punnoose, Kanalekalam (Purakkal,) shifted his residence to Changanassery, which is closer to Pulinkunnu. Mathen Pattathil Vakeel’s wife, Mariakutty Mathen (1894-1920,) prematurely expired due to mental stress and strain. She suffered a lot due to the wicked deeds of her husband. His father-in-law, Chakku Ouseph Polaparambil (1854-1920,) too died shortly. Nevertheless, the illegally amassed fortune made Mathen Pattathil, a nouveau-riche and a non-practicing Vakeel. The illegally accumulated wealth made him one of the directors of erstwhile “the Bank of Cochin (P) Limited at Ernakulam,” (which was amalgamated with State Bank of India in 1985 on the grounds of mismanagement, misappropriation of funds and other bias by its directors.) Mathen Pattathil Vakeel too found out a son-in-law, M.D. Joseph Manickanamparambil, (1912-93,) one of his distant relatives, who was equally bad or worse person; like the saying, “Birds of the same feather flock together.” He was an unscrupulous and scheming character. He was introduced by his college mates, Kuncheria Pattom & Chacko Pattom, children of Mathen Pattathil Vakeel, to their father. M.D. Joseph Manickanamparambil was a drop out from Law College (FL) and he belonged to Manickanamparambil, one of the ordinary tenants of Kottoor Mana at Udaimperoor Village. Mathen Vakeel was interested in him because of his close association with a few members of the erstwhile princely Hindu joint-family of Cochin, who were facing financial problems, when the Kochi Raja ceased to be the king on the merger of State of Cochin with State of Travancore on July 1, 1949. Mathen Pattathil Vakeel was also conscious of the drawbacks of his daughter, Saramma Polaparambil (1918-93,) who was bald by birth, and had only her scalp and had no hair at all on her head. At times she used to wear a wig to camouflage her handicap. However, her brother, Chacko Pattom, had tufts of hair sparsely here and there on his scalp like the sholay spotted on the Sahyadri mountain tops.

 

And unlike Ouseph @ Joseph Kallarakal, Mathen Pattathil Vakeel focused his attention on attaining political power, which would enable him to grab adequate liquid cash for investment in my ancestral Desavazhi properties, which would enhance his income. Mathen Pattathil Vakeel purported to have fraudulently grabbed my ancestral Desavazhi properties in sub-urban areas like Thevara & Perumanoor. He deceitfully used his position as director of aforesaid ‘the Bank of Cochin (P) Ltd., at Ernakulam to commit illegalities for his personal gains. I was amazed when I came across a fake sale deed No. 1748 / 1118 dated Thulam 17, 1118 (1942) of SRO Ernakulam, whereby ‘the Bank of Cochin (P) Limited’ represented by one of its directors, P.J. Mathen Pattathil residing in Polaparambil purported to have fraudulently assigned, 56 cents of land comprised in old Sy. No. 21/2 (Re Sy. No. 9/7 under block 15 of Kumbalam village, in favour of Antony Maniamkot, (then working in Royal Indian Navy,) son of Pailo Maniamkot residing in Chittayil, Kumbalam desom & Village. Aforesaid property belongs to my Desavazhi ancestor, who is the tax payer. It is pertinent to note that aforesaid fabricated and fraudulent sale deed shows that aforesaid Bank represented by its director, Mathen Pattathil Vakeel purported to have assigned the intermediary Kanom (title) alone, which he purchased from Mambat-illath Bhattathiripad as per Sale deed No. 1636/1114 (Metam 14, 1114ME (1939) executed by Muriamangalath Bhattathirippad & others. By aforesaid deceitful sale, Mathen Pattathil callously and shamefacedly fleeced the hard earned money of Antony Maniamkot (later, Hony. Lt. Antony Maniamkot,) one of the close cousins of his wife, Mariakutty Polaparambil. Similarly, aforesaid the Bank of Cochin (P) Limited represented by its director, Mathen Pattathil Vakeel purported to have fraudulently assigned 1 Acre 58 cents of land, which is used for prawn farming, comprised in old Sy. No. 2/3 (Re Sy. No. 5/3 under block 15) of Kumbalam village, in favour of Thressia & Cheeku Purakkat residing in Thayamkeri-paramba. By aforesaid deceitful sale, Mathen Pattathil Vakeel coldheartedly and shamefacedly swindled the land acquisition compensation amount, which they obtained when their property at Venduruthy was acquired for the construction of a Naval Base at W. Island. I myself or my ancestors never ever mortgaged or charged those properties to aforesaid bank or others.  Aforesaid assignments were made by Mathen Pattathil Vakeel without any competence or authority. (Aforesaid Kanom title mentioned in those deeds are vested in the government under KLR Act, which came into force on 1-1-1970 and the title would automatically be transferred in my favour, the real owner.) Aforesaid Thressia, W/o Juvons Cheekku Palliparambil, residing in Thayamkeri-paramba and their three daughters, Mary @ Edijiuse, Eleesa and Anna of Kumbalam Village executed a partition deed No. 1831 / 1952 dated 28-7-1952 of SRO Ernakulam and Mary alias Edijiuse (now deceased,) the allotted of aforesaid 1 Acre 58 cents of land,  purported to have fraudulently assigned aforesaid property to Sankaran Kattumpurath  residing in Kuriyapillil House, Nettoor desom, Maradu Village as per sale deed No. 1837 / 1965 dated 30-8-1965 of SRO Ernakulam. The legatees of Sankaran Kattupurath in turn fraudulently assigned aforesaid properties to the land-mafias, (which will be dealt with later.) Such illegally made fortune and his anglophiles leaning to the Congress party made Mathen Pattathil Vakeel the second nominated president of the newly formed Kumbalam Panchayat, whose primary duty was to augment revenue collection for the State exchequer. Aforesaid nomination gave him further opportunities to manipulate the records in the departments of revenue, registration and panchayat. 

 

Mathen Pattathil Vakeel, a devious character, keenly cherished to have title deeds in his and also in the name his children with oblique motives like enabling them to alienate or encumber my ancestral Desavazhi properties. Since it was next to impossible; he too decided to fabricate fraudulent deeds to show at least title on my ancestral Desavazhi properties, which were mismanaged and misappropriated by him. His handicapped daughter, Saramma Polaparambil, had a great influence on her father’s decision making even in important matters. Saramma and her husband, M.D. Joseph Manickanamparambil unduly influenced her father to fabricate a number of fraudulent deeds, and while doing so, they took particular care to keep her brothers, Ouseph Pattom, Kuncheria Pattom & Chacko Pattom, at bay. Ouseph Pattom, the eldest son, who miserably failed in his attempt to persuade his father, Mathen Pattathil Vakeel, to bestow the Polaparambil Nair Tharawad/house and premises; left his home to become a high priest at Vatican; what an irony! Ouseph Pattom had a mysterious death by drowning in Adriatic Sea on the Italian Coast. The curse of my great-grandmother, “No male children born in Polaparambil and Kallarakal shall not enjoy Desavazhi properties of Ayyanat Thayamkeril, Oli Mana.” The bad omens did not deter Mathen Vakeel and he purported to have executed a fraudulent gift deed No. 615 / 1113 (1937) dated Thulam 25, 1113 of SRO Ernakulum, on an experimental basis, (whereby he bestowed 73 cents of land comprised in Sy. Nos. 1063/2 of Ernakulam village and 3 Acres of land in Sy. No. 992/1 of Elamkuam village in favour of his daughter, Saramma Polaparambil. Thereafter, he purported to have fabricated a fraudulent settlement deed No. 2012 / 1124 (1948) Edavom 19 of 1124 of SRO Ernakulum in favour of Saramma Polaparambil, whereby another large extent of about 51 Acres and odd cents of land comprised in Sy. Nos. 141/1,2; 142/1; 142/2; 140/3; 134/2,4,5,6; 135/1,2; 1210; 1211; 164/1,2,3,4; 167/1,2,3,4; 82/4; 82/1,2; 72/1,2,4,5,6,7,8; 69/2,3,4; 38/3,4; 72/6; 72/2,3; 2/1; 3/ 4; 3/3; 8/2; 1201; 70/5; 92; 86/6; 91/1,2; 98/4; 100/2; 102/1,2,3; 103/2; 44/4; 127; 533/2,3,4,5,6,7; 564/4; 1008/3,4,5; 72/5; 74/2,3; 168/4,5;  1 Acre 29 cents in Sy. No. 98/5; 18/7; 124/2; 70/6; 116/2; 1287; 1325; 61/3 & 1007 of Kumbalam village; and includes 2 Acres 51 cents in Sy. No. 1630/1 of Maradu Village; 2 Acres 64 cents in Sy. No. 992/1; 12 cents in Sy. No. 992/3; 1 Acre 98 cents in Sy. No. 1003/1; 4 cents in Sy. No. 1040; 26.5 cents in Sy. No. 1086 of Elamkulam village and 57 cents in Sy. No. 1063/2 of Ernakulam village. However, Mathen Vakeel  reserved life interest for him on some items of aforesaid properties and he executed a release deed No. 760 / 1125 dated 7-12-1949 and another release deed No. 133 / 1957 dated 20-1-1957 registered on 21-1-1957 of SRO Ernakulam and thereby releasing all rights reserved by him on aforesaid properties mentioned in settlement deed.

 

In 1957, there was a clamour for agrarian reforms in Kerala, S. India and the Communist Party of India, which vociferously supported the aspirations of common man; won the elections to the legislative assembly of the State of Kerala. It is significant to note that it was for the first time in world history a Communist Party came to power through ballot in a general election.

In order to avoid surrender of excess land under the new Land Reforms Act that was being promulgated, Mathen Pattathil Vakeel and his daughter Saramma Polaparambil fraudulently assigned 2.51 Acres of land comprised in Sy. No. 1630/2 of Nettoor desom, Maradu village to P.M. Syed Haji and his son Aliyar Ponnappilly, Kumbalam and they in turn to M.A. Muhammed Babu Mooppan S/o Ahmedkutty Mooppan, Aroma Cottage, SRM Road, Ernakulam & others and they in turn to Babu George, Vinson Lasser & Mohan George Kurisinkal, Janatha Road, Vyttila; and another 2.10 Acres of land comprised in Sy. No. 533/2,3,4,5,6,7 of Udayathumvathal in Kumbalam village to Syed Muhammed Chittayil, members of Marottikal, Manthoppil Thachappally-Madothil and in turn some portion to Dr. Jaya Benny Kuppayil at Udayathumvathil, Kumbalam village.

 

During 1962 to 1965 Kerala Land Reforms Bill was introduced in Kerala Legislative Assembly by Smt. Gouri, a veteran revenue minister. Gripped by the panicky situation that emerged by heated discussions, which were going on within the assembly and outside for promulgation of the Land Reforms Act; Saramma Polaparambil and her father Mathen Pattathil Vakeel purported to have fabricated a fraudulent trust deed No. 132 / 1957 of SRO Ernakulam in favour of her daughter/granddaughter Mary Polaparambil and his grandson/ her son, Jose Polaparambil. Two more fraudulent sale deeds Nos. 1902 / 1957 and 1903 / 1957 of SRO Ernakulam were executed by them jointly in favour of M.D. Joseph, Manickanamparambil. Two other fraudulent benami transactions, gift deed No.1813/1960 of SRO Ernakulam was executed by Saramma Polaparambil in favour of Devassy S/o Avirah Manickanamparambil, with a stipulation that on the death of aforesaid Devassy it would revert back to her son, Jose. Another gift deed No.1814/1960 of SRO Ernakulam was executed by Saramma Polaparambil in favour of her sister-in-law, Thressiamma D/o Devassy Manickanamparambil. Aforesaid gift deeds were hastily executed to avoid surrender of excess land to the government under the KLR Act. It may be noted that aforesaid Thressiamma D/o Devassy Manickanamparambil executed a fraudulent sale deed No. 3745/1993 of SRO Maradu in favour of Rosy W/o late Dr. Jose Polaparambil and their one and only daughter, Reshma Sara Polaparambil. M.D. Joseph Manickanamparambil residing in Polaparambil too purported to have fabricated a fraudulent gift deed No. 2082/1963 of SRO Ernakulam, whereby he bestowed a few items of properties in favour of his daughter, Mary Polaparambil (Pattom,) 

Mathen Pattathil Vakeel and his daughter, Saramma Polaparambil purported to have fraudulently surrendered free of costs to the government 30 cents of land comprised in Sy. No. 133/7, 9 & 134 for the construction of a Panchayat pond to exhibit their interest in the welfare of the public at the expense of my Desavazhi ancestor. Yet another 50 cents of land comprised in Sy. No. 41//1,6 & 36/3 for “BOODHAN” at Kumbalam as charity at the expense of my Desavazhi ancestor. Again when they miserably failed to conduct the Lower Primary School, at Udayathumvathal (formerly a Vedapathasala conducted by my ancestor Desavazhi at Kumbalam, they purported to have fraudulently surrendered free of costs to the government  1-03 Acres of land and the defunct Sanskrit School building therein comprised in Sy. No. 564/4 at Udayathumvathil, Kumbalam village, wherein the government of Kerala established a school exclusively for the Scheduled Castes, (Pulaya community.)

 

When Mathen Pattathil Vakeel and his daughter, Saramma Polaparambil commenced the plastering and cement flooring works of the aforesaid large house and construction of boundary walls around aforesaid large building and premises in Sy. No. 140, 141 & 142 and another shop building on the south-western corner of that property at Kumbalam’ and the building .in Sy. Nos. 992/3, 1086/5 & 1040 at Thevara; and the construction of JOS MANSION, a commercial building with shop rooms in the place of ordinary sheds at Perumanoor and other buildings at Chalancherry Road at Thevara; they badly needed more funds, and they raised adequate funds by the sale of some of my ancestral Desavazhi properties one after another. They purported to have fraudulently assigned various items of my ancestral Desavazhi properties to several persons like Lawrence Maniamkot, S/o Pailo, Kumbalam, (32 cents in old Sy. No. 18/7 corresponding to 12.40 Ares in Re Sy. No. 11/3 of Kumbalam village was fraudulently assigned as per sale deed No. 444/1956 and 645/1956 of SRO Ernakulam, (and on the demise of Lawrence, that property purported to have been fraudulently transferred into the hands of his younger brother Kuriakose Maniamkot (as per release deed No. 610/1959 and another sale deed No. 1290/1955 of SRO Ernakulam executed by the legatees of deceased Lawrence); then to Karthiyani, W/o Sankunni Chakkalaparambil, Kumbalam  (10 cents in Sy. No. 100/2 corresponding to 4.05 Ares in Re Sy. No. 91 & 92 as per sale deed No. 1290/1955 of SRO Ernakulam); then to Paily Thaithara Palathinkal (24 cents in old Sy. 44/4 (Re Sy. No. 40/10) as per sale deed No. 846/1956 & Regd. Receipt No. 124/1957 of SRO Ernakulam. After the construction of the commercial buildings they purported to have fraudulently inducted tenants in residential and commercial buildings situated therein.

On the eve of agrarian reforms in the State of Kerala, the crucial period, a criminal conspiracy was hatched; Mathen Pattom Vakeel (Polaparambil,) and other anglophiles did the initial spade work for fabrication of a fraudulent partition deed in connivance with a few sly, dishonest and crooked nembers of erstwhile princely Hindu joint-family of Cochin, which would be followed by sale deeds in favour of anglophiles like Mathen Pattathil Vakeel and Saramma Polaparambil, her husband, M.D. Joseph and Dr. Jose Polaparambil. But Mathen Pattom Vakeel (1887-1959) expired before he could complete aforesaid fraudulent deeds. His son-in-law, M.D. Joseph felt that any more delay is deadly, and therefore, pressurized aforesaid members of princely family to execute sale deeds in haste. _{Rama Varma Appan Thampuran, aged 66, (9th – Koor,) S/o deceased Kunjipilla Valia Thampuran, (representing VTK Estate, Trippunithura.) Kottakkathu, Trippunithura, yielded to his persuasions and} purported to have fabricated a fraudulent sale deed No. 1134/1961 of SRO Ernakulam in favour of Saramma Polaparambil, (in respect of a total 3 Acres 91.200 cents comprised in old Sy. No. 141/1,2; 142/1; 142/2 & 140/3 & 1325 of Kumbalam village.)  _Thereafter, a few members of the erstwhile princely family of Cochin (namely - 1. Sree-Rama Varma Kochi Valia Thampuran (89,) eldest son of (late Manku Thampuran, who expired in 1093,) 2. Rama Varma Raja Thampuran (68,) 7^th Koor, S/o late Kunjipilla Thampuran, who was the daughter of (late Valiamma Thampuran, who expired in 1105,) 3. Rama Varma Kochunni Appan Thampuran (65,) 10^th Koor, eldest son of late Ekkavu Thampuran, (D/o late Valiamma Kochi Thampuran, who expired in 1105,) _4. Rama Varma Kunjikkitavu Thampuran (60,) 19^th Koor, S/o late Manku Thampuran who was the daughter of (Valiamma Thampuran, who expired in 1092,) 5. Kerala Varma Unni Thampuran (30,) 107^th Koor, (second son of late Subadra Thampuran, who expired in 1118,) 6. Rama Varma Kochaniyan Thampuran (34,) 114^th Koor, S/o Ekkavu Thampuran who is the daughter of (late Kunjikkavu Thampuran, who expired in 1953,) and they jointly purported to have fabricated a fraudulent partition deed No. 2009/1963 of SRO Palakkad and aforesaid fraudulent partition deed was fabricated without any competence or authority and hence ab-initio-void. Pursuant to aforesaid fraudulent partition deed, (a_.) Ekkavu Thampuran, Patinjare-Kovilakom at Urakom and her children, (b.) Manku Thampuran, (c.) Kerala Varma Kunjikuttan Thampuran @ Watch Thampuran now residing in Kunnath Lane (Cross Road,) Near Thiruvambady Road, Poomkunnam P.O., Thrissur and two minor children, represented by their mother Manku Thampuran, purported to have fabricated a fraudulent sale deed No. 713/1966 of SRO Ernakulam in favour of Saramma Polaparambil (whereby transferring the intermediary Kanom title alone in respect of the five and odd Acres of land, (viz. 9 cents comprised in Sy. No. 2/1; 87.875 cents (62.250+25.500 cents) comprised in Sy. No. 3/3 and 3/6; 1 Acre 21 cents comprised in Sy. No. 3/4; 63 cents comprised in Sy. No. 8/2; 6 cents comprised in old Sy. No. 38/3/1; another 6 cents comprised in Sy. No. 38/3/3; 41 cents comprised in Sy. No. 38/4/1; 8 cents comprised in Sy. No. 38/4/2; 97 cents comprised in Sy. No. 72/3/2; 77 cents comprised in Sy. No. 61/1 and 99 cents comprised in Sy. No. 68/4 & 5 of Kumbalam Village. Padmanabha Panicker S/o Rama Kaimal (Therampurath) Kannambilly at Kumbalam was one of the sly witnesses and Gopalan Bharathan Menon, Sreevilasom, Kumbalam was another sly witness and the scribe of the said fraudulent sale deed, who were rewarded liberally for their services.) Yet another deceitful group of erstwhile princely family members consisting of (aa.) _{Kavutty Thampuran (57,) D/o Manku Thampuran, residing in Bakthi Vilasom Palace, Manku Thampuran Road leading to Mini Bypass Road, Trippunithura Kottakkakath, Nadama desom and Village. and her children, (ab.) Rama Varma Omanakuttan Thampuran, aged (30,) (ac.) Sukumari Thampuran (27,) now residing at Pathanamthitta; (and.) Unniappan Thampuran, (24,) & (ae.) Kerala Varma Raveendran Thampuran (22,) and} represented by general power of attorney holder, Narayanan Nambuthiri, Neendoor Mana, Kumaranelloor desom and Village, _{purported to have fabricated} a fraudulent partition deed No. 119/1967 of SRO Trippunithura & a fraudulent sale deed No. 286/1968 of SRO Ernakulam in favour of Jose Polaparambil S/o Saramma Polaparambil, (whereby they fraudulently assigned 2 Acres 35 cents comprised in old Sy. No. 1008/3,4,5 of Kumbalam village.) Aforesaid fabricated/fraudulent deeds were executed in connivance with M.D. Joseph, Manickianamparambil & his wife, Saramma Polaparambil and other anglophiles with leanings to Congress party (Praja-mandalam.) Aforesaid properties absolutely belong to erstwhile Desavazhi family of Ayyanat Thayamkeril, Oli Mana, Kumbalam. Aforesaid members of the princely Hindu Joint family of Cochin do not have any right, title and interest on the properties mentioned in the aforesaid fraudulent partition/sale deeds that followed and they are/were not competent to execute aforesaid partition deed as per the provisions of the Valiamma Thampuran Kovilakom and Palace Fund (Partition) Act 1961. It is significant to note that the ruler/king or Kochi Raja has no proprietary rights on the properties mentioned in those deeds; and their poor financial circumstances that emerged consequent to the merger of erstwhile state of Cochin with erstwhile State of Travancore, and the money offered by the anglophiles men like Mathen Pattathil Vakeel, M. D. Joseph and others lured and compelled them to execute aforesaid fraudulent partition deed No. 2009/1963 and all other deeds that followed, which are also tainted with fraud and are liable to be cancelled on the grounds of incompetence, fraud, mistake and undue influence. It is pertinent to note that aforesaid few sly members of the erstwhile Cochin princely family are incompetent to do so; if at all those properties belonged to them, under Sec. 3 & 6 of the Valiamma Thampuran Kovilakom Estate and Palace Fund (Partition) Act, 1961, as amended in 1978.

P.J. Mary Polaparambil (Pattom) and her brother, Jose Polaparambil, Kumbalam, purported to have fraudulently partitioned their properties by and between them. as per partition deed No. 906/1971 of SRO Ernakulam. Again Padmanabha Panicker S/o Rama Kaimal Therampurath (Kannambilly) at Kumbalam was one of the sly witnesses and Gopalan Bharathan Menon, Sreevilasom, Kumbalam was another sly witness and the scribe of aforesaid fraudulent partition deed,

P.J. Mary Polaparambil purported to have executed bogus sale deed Nos. 569/`1967;   807 / 1967 and 2645/1969   of SRO Ernakulam, whereby she fraudulently assigned a total extent of 38 cents in Sy. No. 70/5 at Kumbalam to Varkey S/o Ouseph Purakkat (Murikkanampilly, a thavazhy of converted Pullanat Nair Kaimals,) at Kumbalam and thereby fleeced the hard earned money of Varkey and his children, Jose Varghese and Antony @ Alban and they slyly entered into to manage aforesaid Desavazhi property. Ignoring aforesaid sale deeds in favour of Vakey Purakkat. I have come across a few other bogus deeds fabricated by the ancestors of aforesaid Reshma & her aunt Mary, with oblique motives.

Meanwhile, Saramma Polapaambil and her husband, M.D. Joseph Manickanamparambil married their daughter, P.J. Mary Polaparambil to Dr. Baby Pattom S/o Ousepachan Pattathil, Pulinkunnu and Annamma Ousepachan Panapally, Alappuzha and great-grandson of Pappi Pattathil and aforesaid marriage was in consideration of the age-old proposal and mediation for the marriage of her grandfather, Mathen Pattathil Vakeel to Mariakutty Polaparambil, by his first cousins as aforesaid. Premy Pattom W/o Thomas Paul Parakkal & Dr. Jay B. Pattom are their children.

Saramma Polaparambil (1918-93,) and her husband, M.D. Joseph (1912-93,) were getting old, and they were anxious to provide some liquid cash to be given to their granddaughters, Premy Pattom D/o P.J.  Mary Polaparambil (Pattom) and the orphaned Miss. Reshma Sara D/o late Dr. Jose Polaparambil; and they also decided to lessen the burden of their daughter-in-law, Rosy Kallivayalil, who were dependent on them. [Late Dr. Jose Polaparambil, who persuaded his parents to bestow the Polaparambil Tharawad to him and they agreed to do so on condition of payment of a large sum of money to his sister, Mary Pattom. While doing so, Dr. Jose Polaparambil and his parents ignored the curse of my great-grandmother, “No male children born in Polaparambil and Kallarakal shall not enjoy Desavazhi properties of Ayyanat Thayamkeril, Oli Mana.” In order to raise funds, Dr. Jose Polaparambil went to Nigeria for medical practice. But he succumbed to ihis njuries in a major motor accident at Nigeria.] Saramma Polaparambil purported to have fabricated fraudulent sale deeds; (19.600 cents in old Sy. No. 8/2 was assigned as per deed No. 1654 /1989 in favour of Kurien Ouseph Nambuttil, Kumbalam; 10 cents in Sy. No. 167/2 was assigned as per deed No. 2036 /1989 in favour of Alice, W/o Joseph Blahayil, Kumbalam; about 50 cents in Sy. No. 82/1,2,4, was assigned to Anthappan, S/o Joseph Chakkalakkal, Kumbalam as per sale deed No. 3625/ 1991 of SRO Maradu; which he fraudulently bestowed to his four children, Raphael @ Saju, Robin, Paulson & Bijose; about 50 cents in old Sy. No. 98/5 Nedumbethara property was assigned to Devaki @ Devu Thayamkeril W/o late Sahajan, and sister of late Kannappan Vaidyan & Krishnankutty, Thayamkeri-paramba, Kumbalam; another total extent of 2.5 Acres of properties comprised in old Sy. No. 533/2,3,4,5,6,7 (Re Sy. No. 45) was  assigned to P.K. Rajappan,  M.K. Purushan, M.K. Chandrappan & Sunil Bose Marottikkal, Chandran Manthoppil, Saraswathi Ammal, Savithri Ammal, Lalitha Ammal, Ganesh Thachappilly-Madathil, and his sisters, Seetha and their sisters & cousins and their assignees include Dr. Jaya Benny, Kuppayil House at Udayathumvathil; another total extent of 31.850 cents comprised in old Sy. No. 141/2 was assigned as per deed Nos. 4686/1992 & 4687/1992 in favour of Subramonian, S/o Narayanan, Alakkal, Kumbalam & Prema, W/o Natarajan residing in Nipun Nivas, Kumbalam, (Aforesaid Subramonian & Prema assigned it by a fraudulent sale deed No. 1306/I/2009 & 1307/2009 of SRO Maradu in favour of Sunil Paul, Veliparambil House, Kumbalam and he in turn assigned the same by fraudulent sale deed No.  3536/I/2014 of SRO Maradu in favour of Mundakkal Gracious Tom, S/o Thomas & Mary, Mundakkal House, Thevara.) At last, Saramma Polaparambil purported to have fabricated a registered fraudulent Will No. 90/III/1986 of SRO Ernakulam whereby she bequeathed all her remaining properties to her granddaughter, Reshma Sara with life interest to her mother, Rosy (Kallivayalil) W/o late Dr. Jose Polaparambil, except   1.29 Acres of land comprised in Sy. No. 98/5 of Kumbalam village, which was bequeathed to her daughter, P.J. Mary Polaparambil. (Death Certificate No. 1006/1993 of Saramma Polaparambil, issued by Registrar of Births & Deaths, Corporation of Kochi shows that she expired on 20-8-1993 at Medical Trust Hospital, Ernakulam.)

In order to raise additional funds for the marriage of Reshma Sara Polaparambil, the legatees under aforesaid Will, Rosy (Kallivayalil) W/o late Dr. Jose Polaparambil, Kumbalam on her own behalf and representing her minor daughter, Reshma Sara, purported to have fraudulently assigned small extents of land to various persons, who in turn purported to have fraudulently assigned various items to others. Reshma Sara & Rosy Polaparambil assigned 22.800 cents in Sy. No. 8/2 (9.23 Ares in Re Sy. No. 4 / 12,13,14) as per sale deed No. 4493/ 1993 of SRO Maradu  in favour of P.V. Ramesan S/o Velappan Paruthuruthil, Kumbalam; another 95.700 cents of land comprised in old Sy. No. 1008/3,4 corresponding to 36-91 Ares in Re Sy. No. 10/4,7    under block 17 at Cheppanam was assigned as per sale deed No. 3473/1994 in favour of Dr. K.P. Varghese S/o Poulose, Kutha House, Matavana desom; 8.100 cents  of land (comprised in old Sy. No. 1008/3 (3.67 Ares in Re Sy. No. 10/7 under block-17 Cheppanam) as per  sale deed No. 3474/1994 in favour of Chandrappan S/o Velayudhan, Nagaparambu, Nettoor desom, (now at Cheppanam) Kumbalam Village; and 96.350 cents (70.350 + 20.500 + 5.500) of land comprised in old Sy. No. 1008/3,4 (28.47 Ares in Re Sy. No. 10/7 under block-17 Cheppanam) was fraudulently assigned as per  sale deed No. 3477/1994 & a consent deed No. 4231/ 1995 in favour of Vasu S/o Arjun Koladath, Nettoor desom, Maradu Village and Dasan S/o Kinjupilla Aalathil, Matavana desom. Panangad, Kumbalam village. Aforesaid properties are situated at Kumbalam village and aforesaid sale deeds were executed at SRO Maradu.

 

Reshma Sara Jose Polaparambil, represented by her mother, Rosy (Kallivayalil) W/o late Dr. Jose Polaparambil, Kumbalam and her sister-in-law, P.J. Mary Polaparambil (Pattom) jointly purported to have fraudulently assigned 1.91-010 Hectres (4.72 Acres) of land comprised in Sy. No. 992/1 of Elamkulam village, worth 25 crore rupees, to Southern Investments, a developer and builder firm, represented by its partner, Abraham Thomas, as per sale deed No. 3836/1995 of SRO Ernakulam and others. Aforesaid firm, Southern Investments, erected a multi-storied residential complex namely “West Gate Terrace Apartment” at Thevara and the owners of the land and the builder jointly purported to have assigned undivided shares in the land plus individual apartment with common facilities to various allotters therein. Aforesaid owners jointly purported to have assigned undivided shares in aforesaid land to Southern Investments, a developer and builder firm, represented by its partner, Abraham Thomas as per sale deed No. 5622/2007 of SRO Ernakulam. Similar sale deeds were executed in favour of other apartment allotters. All aforesaid deeds are undervalued and all those deeds have to be impounded for under valuation of stamp duty and registration charges and aforesaid Reshma & Rosy are exigible to capital gains under Income Tax Act as well. Unlike tax-avoidance, tax evasion is fraud on government exchequer that would invite penalty. There was a display of newly acquired fraudulent wealth by aforesaid sellers and real estate agents and all those persons are legally bound to restore aforesaid undue advantages they obtained/received to me, the real owner. However, they suppressed these real facts and figures and they have shown only meager amounts as sale consideration in the respective sale deeds in order to defraud the revenue on stamp duty and registration charges due to the government of Kerala and IT department. Aforesaid sale deeds and   all other subsequent deeds are tainted with fraud and are ab-initio-void and are liable to be cancelled fully.

 

Reshma Sara Polaparambil and her mother, Rosy (Kallivayalil) w/o late Dr. Jose Polaparambil, Kumbalam, purported to have fraudulently gifted 16.250 cents of land (6.58 Ares) comprised in Sy. No. 992 /3,4 of Elamkulam village and the building CC Nos. 59/385 and 59/387 and premises therein as per gift deed No. 7072/2005 of SRO Ernakulam in favour of Dr. Jay B. Pattom. Presently he purported to have fraudulently inducted a tenant, Sabu Mathew, (Tiruvalla,) who retired from Indian Navy, and said tenant is occupying CC No.  59/385; and similarly, he purported to have fraudulently inducted another tenant, Babu, Driver, Phone No. 9447001129,  and he is occupying  CC No. 59/387 (old No. CC No. 1752, having a floor area of 120 M2.

P.J. Mary Polaparambil (Pattom,) too purported to have fraudulently settled   53 cents of land (23 Ares in Re Sy. No. 30/4) comprised in old Sy. No. 70 / 5 of Kumbalam village as per settlement deed No. 1660/2015 of SRO Maradu in favour of her son, Dr. Jay B. Pattom. Similarly P.J. Mary purported to have fraudulently gifted a dilapidated and unoccupied building bearing CC No. 59/386 and its premises in Sy. No. 992/4 of Elamkulam village in favour of her daughter, Premy Pattom W/o Thomas Paul Parakkal now residing in Yacht Club Enclave Road, Konthuruthy and she was also given a flat No. 7A, bearing CC No. 59/546 in West Gate Terrace Apartment situated in Sy. No. 991/1 of Elamkulam village. 

Even prior to the marriage of Reshma Sara Polaparambil with Adv. Firoze Robin Anathanam, she & her mother Rosy (Kallivayalil) w/o late Jose Polaparambil shifted their residence from Kumbalam to the apartment in 6A, West Gate Terrace at Thevara. 

 

I was amazed to learn that Adv. Firoz K. Robin, Anathanam, Kanjirapally, who is the husband of Reshma Sara Polaparambil, and son-in-law of Rosy Jose (Kallivayalil) Polaparambil, now residing in West Gate Terrace apartment at Thevara, Kochi-682 013, is a sly, scheming and avaricious being. He is fully aware of the fraudulent nature of his wife’s title deeds and prior title deeds and also aforesaid fraud and other terrible crimes committed by their predecessors towards my Desavazhi ancestors. I reliably learned that Adv. Firoz K Robin is making devious attempts to fraudulently assign all my ancestral Desavzhi properties for paltry sums and is trying to leave this delta Region with the booty. At his instance, his wife, Reshma Sara Jose Polaparambil and his mother-in-law, Rosy (Kallivayalil) Polaparambil purported to have fraudulently agreed to assign an extent of 1 Acre 25 cents of properties comprised in old Sy. No 3/3,4,6 (Re Sy. No. 3/12, 3/11, 4/6, 4/3 & 4/2, my ancestral Desavzhi properties with M.J. Abraham @ Avarachan Maniamkot and James @ Kuttappan Pandoth, jointly, for a sale consideration of Rs. 2 lakhs per cent and they in turn purported to have fraudulently entered into an agreement with Sanal P.C., Pulikkathara, Palluruthy, a real estate agent of M/s Orange Tree Properties, Bengaluru-560 025, a registered real estate developer firm, which is an inexperienced and timid association of persons from the nearby State of Karnataka. Pursuant to aforesaid agreements, aforesaid Reshma & Rosy purported to have assigned aforesaid Desavzhi properties in favour of the land-mafia, as per a fraudulent sale deed No. 1976 / 2008 of SRO Maradu, for a sale consideration of Rs. 4 Lakhs per cent and the agents had shared the profit margin. Reshma Sara Polaparambil, and Rosy Jose (Kallivayalil) Polaparambil, purported to have fraudulently assigned 3 cents each in old Sy. No. 98/5 (Netumbethara property) to Shelly S/o Thankappan Vadakkechira and Shaji S/o Kamalakshan Padinjarechira, Kumbalam Village as per sale deeds Nos. 3581/2008 & 3582/2008 dated 22-12-2008 of SRO Maradu and they purported to have gifted another 3.500 cents of adjacent land as per gift deed No. 3583/2008 of SRO Maradu to Sasidharan S/o Kunjan, Konkinithara, Kumbalam Village. These three fraudulent assignments were made to avert objections from aforesaid Kudikidappukars for the aforesaid sale transaction with M/s Orange Tree Properties, and they purported to have fraudulently assigned aforesaid properties in favour of M/s Ganya Realtors and Property Developers (P) Ltd, and M/s Liraz Builders, registered companies at Thammanam, Ernakulam represented by its directors Anush Kalluvila Thomas and Jacob Kalluvila Babu, and aforesaid seller firm and buyer compamies, hereinafter referred to as the land-mafias, as per sale deed Nos. 2926/2016, 1095/2017, 1096/2017. 1352/2017, 1353/017, 1389/2017, 1625/2017, 93/2018, 94/2018, for a sale consideration of 5 Lakh rupees per cent. Sanal P.C., was the Real Estate Dealer/agent for the aforesaid transactions on the side of the buyers, aforesaid land-mafias and he too amassed fraudulent wealth from these transactions. [Similarly, Adv. Firoz K. Robin, purported to have fraudulently entered into yet another agreement for the sale of 24.590 cents (10 + 10.745 + 3.845) of land comprised in old Sy. No. 167/1,2,3,4 corresponding to Re Sy.No. 114 / 6 under block 15 as per gift deed No. 3890/2001 dated 19-10-2001, sale deeds No. 2093/2000 dated 22-5-2000 & No. 3889/2001 dated 19-10-2001 in favour of Varkey Kureekkal, Kumbalam desom and Village and his children, Tomy and K.V. Baby. Aforesaid properties are situated at Kumbalam village and aforesaid sale deeds were executed at SRO Maradu. I reliably learned that Adv. Firoz K. Robin, who played the crucial role of agent of his wife & mother-in-law, purported to have fraudulently entered into an agreement with Saju Muriparambil, Ikkara Road, Kumbalam for the sale of another 2.06 Acres of properties comprised in old Sy. No. 164/1,2,3 (Re Sy. No. 114/6 and another 2.5 Acres of properties (less already assigned) comprised in old Sy. No. 167/1,2,3,4  (Re Sy. No. 114/9,) which belong to my ancestors and me, for a sale consideration of Rs. 2 Lakhs per cent which in turn were sold at Rs. 5 Lakhs per cent to persons like – Rajneesh P.R., Puthumaparambil House, Vennala (Sale deed No. 562/2016 and  deed No. 987/2016); Shaju K.A., Kattampallikalathil House, Aroor (deed No. 613/2016);  Sibu Koshy Jacob, Pooppallil House, Thiruvalla (deed No. 614/2016); Nelson K.B., Puthenveedu, Kumbalanghivazhi, Palluruthy (deed No. 615/2016); Seeja Thomas, W/o M.J. George,  Madayackal House, Palarivattom, and her husband, M.J. George (deed No. 616/2016); Pooja Mariam Mammen,  38/1292, Chengazhath House, Kadavanthara (deed No. 625/2016); C.G. George Kutty,  Skyline Orion Villas, Chuttupadu Kara, Edappally (deed No. 753/2016); Ruben Jacob Abraham,  and K.C. Abraham, Thondamvelil House, Thumpamon, Thazhekuzhikattu (deed No. 754/2016); Sunitha George Kutty, Skyline Orion Villas, Edappally (deed No. 755/2016); Madathil Poyil Ravindran, 28/2132, Kadavanthara (deed No. 756/2016);  Jobu Joseph,  Pandakasalayil, Omallur (deed No. 983/2016); Elizabeth K.J., Pulickal House, Maradu (deed No. 984/2016);  George Samuel, Tulip Flower Garden, Njalakom Kara, Kalamassery and Mary Samuel (deed No.985/2016); Philo D Varghese, Kadungamparambil House, Nettoor and Stefy Sebastian (deed No. 986/2016);); Jinnu Annie Mathew, Palathinkal,  Poonithura (deed No. 1021/2016 and deed No. 1022/2016); Abey Joseph, Casona, Maradu. (deed No. 1159/2016);  Shaju Nair, VIII/299, CH No. 132,  Eroor West (deed No. 1514/2016); Jissy Viju, Arangath, Konam, Palluruthy (deed No. 1885/2016);    B.K. Varghese, Blahayil House,  Kumbalam (deed No. 2260/2016); V.J. Antony, Valiaparambil House, Kumbalam (deed No. 2293/2016); Steener V.A., Valiaparambil House, Kumbalam (deed No. 2375/2016);  Steevenson V.A., Valiaparambil House, Kumbalam (deed No. 2376/2016); Dhaneesh D., 21/118A,  Kalapurackal House, Palluruthy Perumpadappu (deed No. 2603/2016);  Manju Saju, Rohini Muriparambil House, Kumbalam (deed No. 2801/2016); Baby K.V.  Kureekal House, Kumbalam (deed No. 934/2017); Saju M.T., Rohini Muriparambil House, Kumbalam (deed No. 1427/2017 and deed No. 1428/2017) and Nithin Thekkumpurath Xavier,  Kumbalam (deed No. 1442/2017) and the aforesaid sale deeds were executed at SRO Maradu. ] Aforesaid Reshma Sara Polaparambil and her mother, Rosy (Kallivayalil) too purported to have fraudulently surrendered free of costs about 3 cents of land comprised in Re Sy. No. 4/6 to the Kumbalam Panchayath for the construction of an Anganvadi. When they purported to have fraudulently assigned 1.25 Acres of land in Re Sy. No. 4/3,6, they liberally donated one lakh rupees for the renovation of St. Mary’s Church at Kumbalam, under erroneous belief that aforesaid donation would cleanse all their blemishes attached to the clandestine deal. All aforesaid deeds too are undervalued and all those deeds have to be impounded for under valuation of stamp duty and registration charges and aforesaid Reshma & Rosy are exigible to capital gains under Income Tax Act as well. Adv. Firoz K. Robin too has amassed and hoarded a lot of fraudulent wealth from aforesaid transactions and had definitely shown it as his professional income from his legal profession to claim reduced exigibility to capital gains under the Income Tax Act, and said higher professional income shown would, in due course, would help him to grab covetable positions in the higher echelons in the judiciary. Unlike tax-avoidance, tax evasion is fraud on government exchequer that would invite penalty. He was a government pleader for a few years and had hardly any private practice or clientele. There was a display of newly acquired fraudulent wealth by aforesaid sellers and agents and all those persons are legally bound to restore aforesaid undue advantages they obtained/received to me, the real owner of aforesaid Desavazhi properties. However, they suppressed these real facts and figures and they have shown only meager amounts as sale consideration in the respective sale deeds in order to defraud the state revenue on stamp duty and registration charges due to the government of Kerala. The aforesaid partition deed No. 2009/1963 sale deeds No. 713/1966, and Will No. 90/III/1993 sale deed No. 1976/2008 and   all other subsequent deeds are tainted with fraud and are ab-initio-void and are liable to be cancelled fully.

 

          There is an adage, “Behind a great fortune there is a heinous crime.” But no one could conceal or camouflage a crime forever; the truth would always emerge and triumph in the end. God’s ways are mysterious; no one could ever imagine it. By God’s providence, A.P. Antony, son of Paily Ameparambil brought aforesaid fabricated and fraudulent sale deed No. 713/1966, Will No. 90/III/1993 of SRO Ernakulam that followed and subsequent sale deed No. 1976 / 2008 and other documents to me on 10-1-2016 for discussion and third party mediation, when he came to an understanding to mutually sell his 1.215 Ares (3 cents) of his house properties in Re Sy. No. 4/2 in exchange of 2.43 Ares (6 cents) of land comprised in old Sy. No. 3/ 4 corresponding to Re Sy. No. 4/6 under block 15 of Kumbalam village bought by M/s Orange Tree Properties, Bengaluru, (a land-mafia firm.) Aforesaid mutual exchange of properties was necessitated to avert a bottle neck and to provide the land-mafia a 7 M wide private road or access to aforesaid 12 Acres of paddy land, they bought to reclaim and construct fancy villas, a commercial venture. It was thus, I came across the fabricated and fraudulent sale deed No. 713 / 1966 of SRO Ernakulam for the first time. I was amazed to learn a totally different and contradictory story from aforesaid sale deed and the deeds that followed. I recalled my memory; the celebrated judgment passed by the Supreme Court of India, which was rendered by Justice Mr. V.R. Krishna Iyer, a veteran judge, Justice Mr. D.A. Desai, and Mr. A.D. Koshal held, “The Board of Trustees appointed under the Valiamma Thampuran Kovilakom and Palace Fund (Partition) Act, 1961, alone is enabled by the Act to execute the partition and assignment of the properties of the erstwhile princely Hindu Joint-family of Cochin,” and that judgment is reported in (1979) 4 SCC 782 (Rama Varma Bharathan Thampuran Vs State of Kerala & Others, an appeal that went to the Supreme Court of India, challenging the Valiamma Thampuran Kovilakam and Palace Fund (Partition) Act, 16 of 1961, and the subsequent (Amendment) Act, 15 of 1978.) There was absolutely no whisper in the sale deed No. 713/1966 of SRO Ernakulam that the executants in the prior partition deed were members of the Board of Trustees appointed under said Act, and therefore, the vendors in aforesaid sale deed were competent and authorized to execute aforesaid partition deed. Moreover, there is no mention about the fabricated and fraudulent partition deed No. 2009/1963 and sale deed No. 713/1966 and other deeds that followed, in the aforesaid judgment of the Supreme Court reported in (1979) 4 SCC 782. Then and there, I candidly advised both A.P. Antony and Sanal P.C., the local agent of land-mafia, that aforesaid sale deed is null and void for the following reasons: firstly, the legal principle is that the Raja or King doesn’t hold any property; he just reigns over it. King doesn’t have any personal or proprietary right but he does everything in the best interest of the State during his tenure. Moreover, after Indian Independence in 1947, the Raja of Cochin ceased to be the King and on July 1, 1949, erstwhile State of Cochin merged with the princely State of Travancore and was renamed as Travancore-Cochin, or “Thiru-Kochi” in Malayalam, with the written understanding that the capital shall be at Trivandrum and the High Court shall be at Ernakulam. Subsequently, both Travancore-Cochin and the former district of Madras Presidency, namely Malabar joined together to form what is the present Kerala State on November 1, 1956, which is the domain of the ‘Malayalis’ in the Union of India. Secondly, the derivation of title is incomplete in aforesaid sale deed and also in its prior deed as to how the princely Hindu joint-family of Cochin obtained the property. The aforesaid sale deed also does not disclose the details of lease deed whereby the assignee obtained possession, if any, of aforesaid properties. It is significant to note that the King or Desavazhi are not ordinary men and whatever they do is, beyond doubt, supported by valid deeds and documents. The grave and deliberate omissions to mention number date, and name of assignor and registry of the lease deed makes aforesaid sale deed a fraudulent deed. The ostensible owners are legally bound to produce the registered lease deed to prove their lease-hold right in respect of properties owned by my Desavazhi ancestors. Since aforesaid Mathen Pattathil Vakeel, Saramma Polaparambil, her legatees and assigns claim title through the members of the princely Hindu joint-family of Cochin; now they cannot claim adverse possession also against my Desavazhi ancestors or me, the real owner as per the decisions of Supreme Court of India reported in (2006) 7 SCC 570 (T. Aniappa & others Vs Somalingappa & another) and (1994) 2 SCC 29 (Arundhathi Mishra Vs Sri Ram Charitra Pandey.) Thirdly, aforesaid sale deed purports to transfer fraudulently intermediary Kanom title alone. It is significant to note that it was during 1962 to 1965 Kerala Land Reforms Bill was introduced in Kerala Legislative Assembly by then veteran minister for revenue, Smt. K.R. Gouri, and heated discussions were going on within the assembly and outside for the promulgation of law. By fixity of tenure under the new enactment being promulgated, all the landlord’s intermediary Kanom and other titles were to vest in the government and such title should automatically enure to the benefit of the cultivating tenants, and therefore, I candidly told A.P. Antony and Sanal P.C., agent of land-mafia, that he failed to understand why aforesaid sale deed was hastily executed. The sale consideration shown in the sale deed was only five hundred rupees for about five Acres and odd land, which was too low and inadequate than the rate prevalent at that point of time. The reason for fabrication of aforesaid deed is obvious; Saramma Polaparambil and her ancestors were not cultivating tenants and they had no lease deed in their/her favour and she/her ancestors were only acting as mere helpers in the management of my ancestral Desavazhi family properties. While fabricating aforesaid fraudulent deed, the anglophiles men like a few sly, dishonest members of the erstwhile princely Hindu joint-family of Cochin, P.J. Mathen Pattathil Vakkeel, M.D. Joseph Manickanamparambil, Saramma Polaparambil and Padmanabha Panicker Kannambilly (witness) and Bharathan Menon (scribe) failed to note that my ancestors, Oli Desavazhi Nambuthiris, fought  several strategic wars against the Zamorin of Kozhikode (Calicut) during the early decades of the 16^th century and as part of the early struggles for independence Oli Desavazhi Nambuthiri attacked the British forces at Mattancheri, Fortcochin and Bolgatty Palace in 1808-09 with the blessings of Paliath Valia-Komi Achan, then prime minister of Cochin. My ancestor Oli Desavazhi Nambuthiris expended a lot of their wealth for the unity, territorial integrity and security of the erstwhile state of Cochin and for the protection of life, property; dignity and honour of their subjects.

The power of attorney executed by the land-mafia, M/s Orange Tree Properties, in favour of their power holder, Maheshkumar S. Kalro, for execution of sale deed in favour of said A.P. Antony too was not proper or sufficient for future use. On the request of Sanal P.C., the local agent of aforesaid land-mafia, I prepared a general power of attorney dated 21-1-2016 and sent it to both Sanal and the power of attorney holder, Maheshkumar S. Kalro. He executed a sale deed No. 201/2016 dated 21-1-2016, registered in book 1 volume 1348 at pages 349 to 354, in favour of said A.P. Antony Ameoarambil on 21-1-2016.

It is pertinent to note that the land-mafias, (M/s Orange Tree Properties, Bengaluru, a registered firm, and their assigns, M/s Ganya Realtors and Developers (P) Ltd., & M/s Liraz Builders (P) Ltd., both registered companies at Thammanam, represented by its directors, Mr. Anush Kalluvila Thomas and Mr. Jacob Kalluvila Babu,) had already purchased another large extent of about 12 Acres of wet land as afore-mentioned comprised in Re Sy. No. 5, 14, 15 & 16 under block 15 of Kumbalam Village. These properties were bought from small holders, mostly consisting of double crop yielding paddy fields and about one and a half acres of wet land in Re Sy. 5/3 under block 15, which was used for prawn farming till recently. When the land-mafias decided to construct fancy villas; they found that the Kerala Building Rules is applicable in Kumbalam Grama Panchayath, and therefore, a 7 M wide access road is mandatory for development of aforesaid 12 Acres of land. It was to overcome that legal hurdle; the land-mafias fraudulently purchased aforesaid 1 Acre 25 cents of properties comprised in old Sy. No 3/3,4,6 (Re Sy. No. 3/12, 3/11, 4/6, 4/3 & 4/2, under block 15 of Kumbalam village, my ancestral Desavazhi properties as per sale deed No. 1976/2008 of SRO Maradu. [ Aforesaid 1 Acre 25 cents was a large area including Padinjare-chira Canal and that area, belonged to Oli Nambuthiri, my ancestor, who was the hereditary Desavazhi of Kumbalam, the real owner and tax payer as per the British Settlement. In ancient times, it was through this Padinjare-chira Canal the Raja of Cochin visited Oli Desavazhi Nambuthiri, who resided in Oli Mana located at Kumbalam (north.) Aforesaid canal was used for landing large number of swift vessels like Odi-vanchi and snake boats (Chundan Vallom,) for transport of Nair warriors during the strategic wars against Zamorin, the ruler of erstwhile state of Kozhikode (Calicut) in the early decades of the 16^th century. There were two 300 year old huge mango trees standing on in Sy. No. 3 of Kumbalam Village, which was on the western side of Padinjare-chira Canal and the oarsmen of swift vessels used to take rest beneath those mango trees. In 1808-09, it was from this Padinjare-chira Canal such swift vessels belonging to the combined forces of Oli Desavazhi Nambuthiri and Velu Thampi Dalwa, then prime-minister of erstwhile State of Travancore commenced their journey to attack the British forces at Mattancheri, Fort-cochin and Bolghatty Palace to capture the British Resident, Col. Macaulay, and Kunjikrishna Menon Natavaramba, who was a favourite of the Kochi Raja who was running for minister-ship in Cochin, and was under the protection of Col. Macaulay. Paliath Komi Achan, then prime-minister of Cochin, too supported the attack by Oli Desavazhi Nambuthiri. But the attempt to capture Col, Macaulay ended in a fiasco. Subsequently Paliath (Govindan) Valia-Komi Achan was ignominiously deported to Madras and he breathed his last in exile. Aforesaid attack was an eye opener for the British; they realized that the proprietary, revenue, judicial, military, and police powers really vested with the Desavazhis and not with the Kochi Raja, the titular head (except appeals on judicial matters,) a decentralized set up. Therefore, the British devised dishonest, crooked and illegal ways to reduce and destroy the powers of Desavazhis. After the attack the Kochi Raja conveniently changed his stand to secure his position and joined hands with several anglophiles and the British Colonialist. As part of their divide and rule strategy; the Oli Desavazhi Nambuthiri was murdered by the coward anglophiles by administering poison at a feast, a humiliating end to a great patriot. Thereafter, his son, the lineal hereditary Oli Desavazhi Nambuthiri, was coerced and unduly influenced and he was converted against his will, into Christian faith during 1815, and was baptized, and renamed as Oli Ousepachan. Other Desavazhis who were close to Oli Desavazhi Nambuthiris too had a similar fate. Lot of other close Desavazhis and Nairs   of nearby desoms too were converted into Christian faith. Large extents of properties were grabbed by the Kumbalam Nazrani Church and their hierarchy in connivance with British Colonialist under coercion and undue influence and the Desavazhi family mutely suffered on the mistaken belief that the church and their hierarchy would take their predecessors and successors into heaven, the abode of God.  It may be further noted that when motor boats were introduced for patrolling by the British, the swift vessels were discarded and gradually aforesaid Padinjare-chira Canal lost its prime importance. Later, it was reclaimed with six large ponds therein. There are five large ponds in the zigzagged plot in Re Sy. No. 4/6 and another very large pond cum large canal, partially reclaimed recently, is situated in Re Sy. No. 4/3, which is a confluence of drains from the south-west, south and south-east that merge and then flow into the adjacent paddy field comprised in Re Sy. No. 5/3 under block 15 of Kumbalam Village. Coconut trees were planted on the sides of the aforesaid ponds therein. These ponds were well maintained and used to be cleaned every year for watering the vegetation around the area and the tenants (Kudikidappukars) around used those ponds to water their vegetation too; they peaceably, openly enjoyed those ponds, as a matter of right and without any objection or interruption whatsoever for more than a century and acquired easement right by prescription over the servient tenement. There used to be lots of Climbing-perch or Karoop and Snake Heads or Varal, varied tortoises, turtles, rat snakes, and water-snakes, varied amphibians like frogs and other fish. Varied other fauna and flora too made use of those ponds. Out of the said six ponds, one at the north end in Re Sy. No. 4/3 was partially reclaimed recently. Aforesaid total 2 Acres 32 cents of land in old Sy. No. 3 properties and other properties in the adjacent and adjoining survey numbers too absolutely belong to the Desavazhi, ancestors of my family, Ayyanat Thayamkeril, Oli Mana at Kumbalam. ]

Thereafter, the land-mafias illegally cut and removed about 55 high yielding coconut trees, mango trees and all other vegetation from Re Sy. No. 3/11, 3/12, 4/6 and 4/3. The land-mafias illegally cut and removed the mangroves also from aforesaid 12 Acres of land comprised in Re Sy No. 5/3, 14, 15 & 16 of Kumbalam village and clandestinely reclaimed a major portion of aforesaid paddy fields, poramboke canals, around seven ponds in tiny dry lands adjacent to tenanted and other house premises, and also large canals including public canals vested in the local authority, for constructing luxury villas on it, a commercial venture, and that too in flagrant violation of various enactments like the Coastal Protection Zone Notification issued under the Environmental Protection Act; the Coastal Protection Zone Notification in force; the Kerala Land Utility Order and the Kerala Paddy Land and Wet Land Conservation Act, 2008. The illegal reclamation of remaining about two acres of paddy fields infested with mangroves and seven live ponds and canals located on the south-western side and western side of their properties leading to the sluice used for prawn farming on the north in Re Sy. No. 5/3 facing Vembanad Backwaters continue unabated. Aforesaid illegal reclamation has caused environmental depredation and had upset the delicate ecological balance in this Region. This is the main reason for flooding and severe damage to the varied crops; spread of varied mosquitoes and water-borne diseases in this Region. Aforesaid land-mafia, in connivance with, officials in revenue, panchayath, police and registration departments at the lower level and a few local political leaders, without distinction in their ideology or manifesto or colour of their flags, are hand in hand and they have entered into a clandestine deal to overcome the legal hurdles to share the profit from aforesaid commercial venture.

The concern for nature and preservation of the bounties of nature grew up out of ethos of natural calamities we experienced. The unprecedented floods of August 2018, we encountered in Kerala, is a grim reminder of nature’s fury. That episode is an eye opener. Like other beings, human beings too should live in harmony with nature. When the land-mafias and their agent committed waste by cut and removal of all vegetation in Re Sy. No. 3/11, 3/12, 4/6 and 4/3 under the garb of fraudulent deeds and attempted to construct a wide private road through Padinjare-chira poramboke canal and by reclaiming ponds, canals and wet lands at the cost of the government exchequer. The locals were hurt by the environmental depredation which has affected the delicate ecological balance of this Region. Heavy flooding during torrential rains and high tide during the month of December-January, caused loss of crops, spread of mosquitoes and water-borne diseases; Santhosh Kunnunkal, Kumbalam & another were constrained to send a notice/representation dated 26-2-17 which was followed by a Mass Petition dated 16-3-17, to the Secretary of Kumbalam Panchayath and District Collector, Ernakulam. Their claim was for preservation of ponds, streams, poramboke canals, wet lands infested with mangroves, Vembanad Backwaters and protection of fauna & flora at Kumbalam Village, which comes under his jurisdiction. Their claim was based on a celebrated decision of the Supreme Court of India, which was reported in (2001) 6 SCC 496 (Menchlal Tiwari Vs Kamala Devi & Others,) which is binding on all courts and quasi-judicial authorities under Art. 141 of the Constitution of India. The Supreme Court held, “The material resources of the community like forests, tanks, ponds, hillock, mountains etc. are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Art. 21 of the Constitution of India.” The Supreme Court further held, “It is the bounden duty of the government including the Revenue Authorities to preserve and maintain them as a recreational spot which will undoubtedly be in the best interest of the villagers. Further it will also help in maintaining ecological balance and protecting the environment.” The District Collector called for a report from the Addl. Tahasildar (LR) Kanayannur and had received the same. Thereafter, as per the delegated power of the District Collector, the Deputy Collector (LR) gave a direction No. L10- 15822/17 dated 5-7-2017 to the RDO/Sub Collector, Fort-cochin and he passed an order of prohibitory injunction  No. K2-124163/17 dated 18-7-2017 restraining the land-mafia from reclaiming the five ponds in Re Sy. No. 4/6  one pond in 4/3 under block 15 of Kumbalam Village and also restraining them from making any other changes (any improvements or committing any wastes) on aforesaid lands. Copies of the aforesaid order was served on the Village Officer (to serve notice on others and to note the order of prohibitory injunction on the thandaper registry;) the Secretary, Kumbalam Panchayath (for information and to take necessary action under Sec. 14;) SHO Panangad Police Station (for his information and to take action U/S 19 of the Kerala Conservation of Paddy Land & Wet Land Act 2008); Sub Registrar SRO Maradu (for information and directing to stop further transfer of properties;) and also Agricultural Officer (for information and to reverse the wrong entries made in Data Bank Report.)

The villagers also came to know that the revenue officials and Panchayath were going to spend huge amounts from the government exchequer to develop aforesaid 4/6 & 4/3 properties under block 15 by forming a wide private road through the Padinjarechira Poramboke Canal properties belonging to the Panchayath by putting concrete slabs over the canal to provide additional 4 meter width for the land-mafia’s proposed 7 M wide road leading to their aforesaid 12 Acres of wet land. The Land-mafias are behind their back with financial help and muscle men for all these illegal attempts. On enquiry, I reliably learned that the Panchayath has taken a “Resolution No. 17 / 2 dated 31-3-2017 of Kumbalam Panchayath, permitting the land-mafias to cover the three meter wide Padinjarechira poramboke canal in order to form a 7 M wide road to take vehicles to their properties.” A copy of the aforesaid resolution was served on the village officer, Kumbalam, as well as the Sub Inspector of Panangad Police Station, for necessary assistance. I myself and other villagers were told that it is being built at a cost of 42 lakh rupees by the Panchayath under the garb “road is for the benefit of the public.” Along with the cost of construction of the concrete slab road, the land-mafia is getting the advantage of the land area occupied by the Padinjare-chira poramboke canal worth crores of rupees. It is pertinent to note that all the residents in that locality have frontage either to the Kumbalam PWD main Road or the 3 M wide Karikkamthara by-lane. The proposed private road through Padinjarechira Poramboke Canal is exclusively for the benefit of land-mafias. They are trying to cover aforesaid Canal with concrete and concrete slabs to make a wide private road and the members of the public do not have any access to that private road. They collected a large quantity, (about 50 truckloads,) of debris in Sy. No. 3 of Kumbalam village with the malafide intention to reclaim the ponds and poramboke canals situated in 4/6, 4/3 and 5 properties. It is pertinent to note that the land-mafias have not surrendered any portion of adjacent 4 meter wide portion of land to the panchayath for the formation of that wide road makes it evident that it is only a private road. It is quite clear why the Secretary of Kumbalam Panchayath, panchayath members, local leaders of political parties is backing the said luxury villa project. Their palms are adequately greased. These political leaders are cunning and they conveniently convert developmental and political issues into communal issues and vice versa and take advantage of the situation. This is a clear case of malafide exercise of sovereign power in order to loot funds from the government exchequer. Such attempts to misappropriate government funds have to be nipped in the bud. It is, therefore, just and necessary to stay further proceedings pursuant to Resolution No. 17/ 2 dated 31-3-2017 of Panchayath to cover the Padinjare-chira canal with concrete slabs to make a private road for land-mafia, to avert misappropriation and loot of funds from government exchequer. At the instance of land-mafias the revenue and panchayath are also planning to install large potable water drains and erecting electrical posts and other installations in the proposed private road at the expense of government. The local leaders and panchayath officials assisted the soil test being done close (up to 25 meters) to the Vembanad Lake for their project to construct fancy villas in 12 Acres of illegally reclaimed paddy land in blatant violation of the Coastal Protection Zone Notifications, Kerala Land Utility Order and The Kerala Paddy Land and Wet Land Conversion Act 2008 & Rules and causing environmental depredation and upsetting delicate ecological balance of this Region. I am aware that the local authority, the revenue, panchayath members and their officials at lower level, a few of the local political leaders, aid and render necessary support to the land-mafias herein, to help the development and market their 12 Acres of properties at Kumbalam north-east area at the detriment and against the interests of villagers of Kumbalam and also the Panchayath. They are committing fraud and misappropriation of government funds for which they are personally accountable.

The latest attempt of the land-mafias and their men in connivance with panchayath and their officials and the Director, Inland Waterways Authority of India, Kannatikkadu, Maradu, is to reclaim clandestinely a portion of the Vembanad Kayal, adjacent to Re Sy. No. 2, 3, 4 & 5 property, in order to construct a wide road for the land-mafias. Once again, “under the garb of doing things for the benefit of the public” by saying that “about 1 Acre of water body of Vembanad Backwater is being reclaimed to provide additional facility for parking vehicles, to plant shade trees, and to provide benches for villagers to enjoy their leisure.” When the panchayath and their men started their clandestine efforts to dredge Vembanad poramboke Backwaters; the local population protested since there is absolutely no bonafides for their claim. The illegal reclamation of Vembanad Backwater portion at Kumbalam north is malafide and it is for the benefit of the land-mafias, and therefore, it is to be deprecated and stopped forthwith. They are likely to attempt the reclamation of that portion of the Vembanad poramboke Backwaters with the help of revenue and panchayath, and that has to be stopped in the interest of justice and for the protection of the environment. However, aforesaid Secretary of Kumbalam Panchayath and the Director of Inland Waterways Authority of India, whose hands were adequately greased, misled the District Collector, and therefore, he gave a blanket order No. DCEKM/684/2022//M2 (7157/2004) dated 4-6-2022 permitting them to reclaim that portion of Backwaters. Under the cover of aforesaid order they started the clandestine reclamation Aggrieved by aforesaid order, fishermen like Shaji Kuttikkat and Augustine represented by me moved a petition against illegal reclamation of aforesaid area of Vembanad Poramboke Backwaters before the District Collector, Ernakulam. He convened a meeting of the interested parties and revised his order directing the Executive Engineer, PWD (Irrigation) to clear and sell the dredged materials from that portion of the Backwaters as per order No. DCEKM/684/2022//M2 (7157/2004) dated 19-7-2022. Inspite of aforesaid order passed the reclamation continued unabatedly. Hence the Village Officer intervened and passed an order No. 253/22 dated 15-7-2022 of stay of reclamation aforesaid area of Vembanad Poramboke Backwaters. A writ petition, WP (C) No. 33041/2019 submitted by Santhosh Kunnunkal & others against illegalities committed by the land mafia and others is also pending before the High Court of Kerala.

Vembanad Kayal, a brackish-water Lake, forms a significant component of coastal ecosystem due to their immense biodiversity values in aquatic ecology and socio-economic services to coastal population. Vembanad Lake is the second largest brackish-water lake in India, stretches over 24,000 Hectares in area and contributes to over 50% of the total area of backwater (Kayal) in Kerala. Vembanad Lake provides a habitat for many of decapod crustaceans as breeding and nursery grounds. Crustacean fishery is one of the major resources of Indian estuaries that include the commercially important shrimps, prawns and crabs. If the land-mafia is permitted to tamper with and destroy the natural state of these estuaries that would result in habitat degradation, which reduces the chances of its sustainability. As the land-mafias and the governmental authorities, have committed the aforesaid offences of criminal conspiracy, criminal trespass, mischief, causing threats of serious / irreversible environmental damage, the onus is on them to show that their action is environmentally benign. If aforesaid land-mafias are permitted to tamper with and destroy the natural state of these estuaries that would result in habitat degradation, which reduces the chances of its sustainability. Moreover, the reclamation of aforesaid area would badly affect the livelihood of fishermen and their convenient and comfortable landing place for their canoes and safe keeping of their fishing nets especially during the time of turbulence.

          Since I was also adversely affected by aforesaid environmental depredation that affected the delicate ecological balance of this Area; I supported the cause of the villagers. As revenge to my objections against illegal reclamation and other illegalities as aforesaid, the land-mafias in connivance with local CPM political leaders started to annoy, irritate and harass and wished to create a lot of problems for me. They started writing party programmes, election propaganda and affixed party posters on my boundary wall. They put up flux boards on my coconut trees and conduct party meetings in my property and turn the blaring speaker towards my house. They encourage the youth to play football & cricket in my property and the gentle wind accumulates all the dust and brought it into my house, which is just opposite on the eastern side. Their children peep into my house. The leaders like Sanu & Babu spoke in filthy and abusive language and they encouraged their men also to speak similarly. The CPM local party leaders and their elected panchayath members (present & former,) were instrumental in the clandestine deal to convert my private mud Varamba/road into a public road; the KSEB and the Water Authority encroached into my properties in Re Sy. No. 19/5 under block 15 of Kumbalam Village and erected posts, drawn electrical lines and large potable water drains through the middle of my property. I preferred a writ petition before the High Court of Kerala and the Hon’ble Court passed a Judgment in WP (C) No. 13966 of 2016 dated 15-3-2017, declaring that the private Varamba/Road passing through the middle of my property is not a Public Road. No appeal or revision was preferred by Kumbalam Panchayath and hence the matter has become final and conclusive. Similarly, at the instance of local party leaders, Krishnan V.T., father of Vinayan Valathara, the local secretary of CPM Kumbalam Local Committee, and James Pandoth gave false evidence in the connected civil suit and the Hon’ble Munsiff Court at Ernakulam; however, the Hon’ble Court passed a final judgment and decree in O.S. No. 2037 / 2002 dated 21-12-2017, wherein the Hon’ble Court held that there is no Public Road on aforesaid property. No appeal or revision was preferred against that judgment and hence the matter has become final and conclusive.

          I was astounded when Kumbalam Grama Panchayath represented by its Secretary, a few panchayath members and their men tried to measure and encroached into about 3 M wide land of mine comprised in old Sy. No. 7 of Kumbalam Village situated on the north-eastern boundary of my property to form a wide road, to avert another bottle-neck of the newly proposed 7 M wide road, for the benefit of aforesaid land-mafia. They were trying to form the balance Karikkamthara Panchayath concrete Road in between the existing three meters wide Karikkamthara Panchayath concrete Road lying east-west on the eastern side of Padinjare-chira Poramboke Canal in between Re Sy. No. 3 & 4 and the six meters wide PWD main Road lying north-south situated on the western side. At that moment itself the villagers pointed out to the officials that no portion of my aforesaid properties are surrendered free of costs to the government or the panchayath, and therefore, it is not just or fair or proper to include my properties situated on the southern side of the boundary wall (in old Sy. No. 7/1.) They also pointed out to them that in 2010 I objected the formation of the road through my property when Jaleel, a contractor of Kumbalam Panchayath, attempted to encroach and concrete a ten feet wide road along with a canal at a larger width with a large bent, like a pregnant woman, encroaching into my property, and the villagers alerted me and due to my objection the work was once again stopped. I was aware that Kumbalam Grama Panchayath, the revenue officers, panchayath members and a few of the local political leaders have entered into a clandestine deal with land-mafias. Now they even neglect their party work and scurry around in the cars of land-mafias, to help their property development and market their slyly acquired 12 Acres of properties at Kumbalam north-east area at the detriment and against the interests of Villagers of Kumbalam and also the Kumbalam Panchayath. Hence I was constrained to invoke the writ jurisdiction by filing a writ petition, WP(C) 5576 / 2017 before the High Court of Kerala and an injunction order dated 17-2-2017 was passed in it restraining Kumbalam Grama Panchayath, the local authority, and their men from entering into my aforesaid properties. Aforesaid incident was an eye opener for me.

Thereafter, when I became more and more conscious of a deeper conspiracy and fraud played by Chakku Ouseph Polaparambil, Mathen Pattathil Vakeel, Saramma Polaparambil, M.D. Joseph Manickanamparambil, Ouseph @ Joseph Kallarakal and his brother, Varkey Kallarakal and their descendants/legatees/assigns; I decided to dig into their deeds and other documents in respect of some of my ancestral Desavazhi properties, which are managed with the help of aforesaid members of Polaparambil, Pattom and Kallarakal families and their fraudulent assigns. I collected information from their neighbours, and also their fraudulent legatees/transferees, neighbours, litigants and had obtained certified copy of fabricated/fraudulent deeds and other documents from SRO Ernakulam, Palakkad, Maradu, and Trippunithura and village offices and local authorities. I also met the Archivist, Archives, Ernakulam, and verified the British Settlement and had obtained relevant information. From aforesaid deeds and other information obtained by me it is quite evident that my ancestral Desavazhi properties, which are traced situate at Kumbalam, Ernakulam, Elamkulam, Maradu and other villages, which are covered by fabricated and fraudulent deeds and those properties absolutely belong to my Desavazhi ancestors and me. Aforesaid members of Polaparambil, Pattom, Manickanamparambil and Kallarakal families, and their assigns are trespassers on aforesaid ancestral Desavazhi properties. I realized that aforesaid fabricated stories and rumours, which were spread by aforesaid members of Polaparambil, Pattom Manickanamparambil and Kallarakal, were unadulterated and blatant lies. In fact, they and their abettors were imposters and they never ever had any deed/or document to show their lease-hold right and interest in the aforesaid Ayyanat Thayamkeril Desavazhi family properties which were closely held, possessed and enjoyed by my ancestral Desavazhis. The entire properties covered by the fraudulent deeds absolutely belong to the Desavazhi, Thayamkeril Lonan Ouseph, my great-grandfather, under the British Settlement. It is significant to note that I myself and my ancestor Desavazhis had never ever transferred any portion of their right, title and interest to members of aforesaid Polaparambil, Pattom and Kallarakal, and their legatees/assigns and/or to Kochi Raja or to any of the members belonging to the princely Hindu joint-family of erstwhile State of Cochin or any other person/s or subjected to any charge to any banks. It is pertinent to note that aforesaid members of Polaparambil, Pattom, Kallarakal and their legatees/assigns never ever had any right, title or interest in respect of my ancestral Desavazhi properties. They were only helping in the management of my ancestral Desavazhi properties. It is significant to note the Lattin legal maxim, “Nemo dat quod non habeth,” which means no one can transfer a better title than he has. Therefore, certified copies in respect of fabricated/fraudulent original deeds purported to have been executed by them are liable to be produced in Court and be cancelled fully. The intermediary title purported to have been fraudulently transferred is already vested in the State of Kerala under the Kerala Land Reforms Act, which came into force on 1-1-1970 and patta would have been issued to my ancestors or me. Moreover, the transfer of registry was made without notice and without giving an opportunity for hearing to my ancestors or me. Since aforesaid Polaparambil, Pattom, Kallarakal, and their legatees/assigns claim right, title and interest through the members of the princely Hindu joint-family of erstwhile State of Cochin or through other fraudulent deeds that followed; now they cannot claim adverse possession against my ancestor Desavazhis or me, the real owner and tax payer. Since those deeds are also fraudulent they are liable to be cancelled fully. I hereby terminate the services of members of aforesaid Polaparambil, Pattom, Kallarakal and their benamis and transferees/assigns in rendering help in the management of my afore-mentioned ancestral Desavazhi properties and they are now trespassers and they shall leave aforesaid ancestral Desavazhi properties forthwith. 

          The land-mafias with the support of local political leaders and in connivance with government officials, whose hands are adequately greased, flouted the order of prohibitory injunction No. 124163/17/K2 of R.D.O. Fortcochin by reclaiming a few ponds partially and some of the ponds fully and had formed a new 7 M wide winding road from the south-western corner to the north-eastern corner of the zigzagged property comprised in Re Sy. No. 4/6 under block 15 and they erected fencing around aforesaid property leaving spaces outside according to their whims and fancies and reclaimed a poramboke canal in Re Sy. No. 5. They are likely to take law into their own hands and would continue the illegal reclamation and other illegal activities in aforesaid properties.

          Simultaneously, the land-mafias, in connivance with revenue, panchayath, police and registration department officials, coerced and unduly influenced their adjacent Kudikidappukars and others in the locality by luring them with tempting offers like almost double the area of land lots of money to construct building and for the marriage of their children. On 4-12-2018 the land-mafia, fully knowing the consequences of flouting the Coastal Protection Notification, the Environmental protection Act, The Kerala land Utility Order, The Paddy and Wet Land (Preservation) Act etc., and the judgments of the Supreme Court, purported to have assigned 1-42 Ares of reclaimed pond area comprised in Re Sy. No. 4 / 6 under block 15 of Kumbalam Village as per sale deed No. 2453 / I / 2018 of SRO Maradu, in favour of Lalan @ Lalu, S/o late Karunan Thundichira, a poor and illiterate man in the locality in exchange of his share in his kudikidappu property and thereby cheated him. Similarly, on 19-2-2019 and 2-11-2020, during lis-pendence, the land-mafias in connivance with aforesaid government officials, purported to have fraudulently assigned 1.41 Ares and 1.62 Ares of reclaimed pond area respectively from my ancestral Desavazhi property comprised in Re Sy. No. 4/6 under block 15 of Kumbalam Village by executing two fake/fraudulent sale deeds Nos. 377/2019 and 1606/2020 of SRO Maradu, executed in favour of Joseph C.J. & his wife Mary Shyja; and Mr. Rathnakumar respectively in mutual exchange of their properties. They are poor and illiterate men in the locality and they were cheated. However, it is reliably learned that they have constructed residential buildings for said Lalan & similar others flouting the Coastal Protection Notification and in the place of the ponds which were reclaimed by land-mafia and thereby causing environmental depredation which badly affected the delicate ecological balance of this Region.   Aforesaid illegalities committed by them, are liable to be reversed and the property in Re Sy. No. 4/6 and other properties has to be restored to its original owner. The land-mafias are likely to attempt further execution of sale deeds and mutation/transfer in the revenue and panchayath records. Now, the land-mafias, with the assistance of Sanal P.C, is negotiating for mutual exchange with Vinod and Ullas, Ss/o Velayudhan Vatakkechira, who are similarly placed. They too are likely to follow and commit the same illegalities as aforesaid.

Aggrieved by the inaction of government officials  coupled with the repeated illegal attempts for reclamation of ponds, poramboke canals, a portion of Vembanad Backwaters and wet lands and also to assign fraudulent properties they entered into by mutual exchange to their poor and illiterate close relations and neighbours and illegal attempts by the land-mafias in connivance with the government officials, Santhosh Kunnunkal & 3 others  filed a civil suit, O.S. No. 259/2018 before the Munsiff Court at Ernakulam and as per the order in I.A. No. 1750/2018 in O.S. No. 259/2018, an Advocate Commissioner appointed by the Hon’ble Court, after giving notice to parties, inspected the relevant properties in Re Sy. No. 3/11, 3/12, 4/1, 4/2, 4/3, 4/6, 5, 14, 15 and 16 under block 15 of Kumbalam Village. The Village Officer and the land-mafias, their agent and their advocates were present at the time of inspection. The Advocate Commissioner has submitted a Commission Report and sketch dated 6-6-2018 in Munsiff Court at Ernakulam. The Commission Report clearly shows various illegalities committed by the land-mafias. Commission Report depicts various illegalities committed by the land-mafias through their agent, Sanal P.C. Aforesaid Commission Report portrays the inundated pathways or katcha roads leading to aforesaid properties fraudulently entered into by the land-mafias; the railway-line on the East; the P.W.D. Road lying North-south on the West that ends at a bus terminal and a ferry-boat jetty at North end; the live ponds, poramboke drains, and streams passing through aforesaid property of land-mafias, which are marked in blue colour, leading to the sluice in Re Sy. No. 5/3 which opens to Vembanad Backwaters on the North; the reclaimed ponds are marked in red colour; the balance 2 Acres of wet lands infested with mangroves is marked in green colour; the sprawling Vembanad Back Waters further North, and a portion of Vembanad Backwaters adjacent to Re Sy. No. 3, 4, 5/3 under block 15 of Kumbalam village which is proposed to be reclaimed. Aforesaid Commission Report further states that the land-mafias have illegally covered about 10 meters of the Padinjarechira poramboke Canal with concrete and concrete slabs as part of the formation of a wide road leading to their 12 Acres of private wet land fraudulently purchased to construct fancy villas therein illegally, a commercial venture.

After the submission of aforesaid Commission Report and sketch dated 6-6-2018, the land-mafias deliberately flouted the order of prohibitory injunction No. K2-124163/17 dated 18-7-2017 passed by the R.D.O. Fortcochin with impunity, Santhosh Kunnunkal & other villagers in the aforesaid locality filed a prosecution petition No. 270100/18/K2 dated 5-7-18 before the RDO/Sub Collector, Fortcochin. The illegalities committed by them are evident from the various reports of the Village Officer dated 8-8-17, Agricultural Officer of Kumbalam Panchayath dated 9-8-17 and JS/Dy. Tahsildar dated 21-7-19 and Addl. Tahsildar (LR) Kanayannur dated 24-6-17 and also the Commission Report dated 6-6-2018 submitted by the Advocate Commissioner in O.S. No. 259/2018 of the Munsiff Court Ernakulam and the photographs taken and produced in that case.  The land-mafias and their agent have no right whatsoever to set at naught my valuable rights as aforesaid. They shall not be allowed to cause environmental depredation and upset the delicate ecological balance or cause nuisance or inconvenience to me and others living in the locality.   

It is reliably learned that measurements are being done by revenue authorities at Kumbalam Village Office level and the land-mafias had approached adjacent Kudikidappukars with tempting offers to assign bits of land available after the formation of aforesaid illegally made 7 M wide road in Re Sy. No. 3/11,12 & 4/6 in exchange of their properties and thereby to cheat them. A few executed agreements for sale and a few deeds have already been registered and a few more deeds would be registered shortly. The documents are likely to be under-valued and black money running into crores of rupees is involved. It is reliably learned that 5 to 15 lakhs of rupees by cheques drawn on Axis Bank, Palarivattom, are paid separately to each of those who have come forward for mutual exchange of their properties. They have already collected the cheque amounts. I have issued registered lawyer notices dated 23-12-2017 and 15-2-2018 to the villagers with whom the land-mafia is negotiating for a deal, cautioning them that they would land in unnecessary trouble if they sell/purchase my aforesaid ancestral properties, which the land-mafia entered into fraudulently, and if they clandestinely sell/purchase my aforesaid ancestral properties inspite of my warning. Unless the land-mafias and their men and agents are restrained / prevented from doing aforesaid illegal acts, it will cause irreparable harm, injury and loss to me and the villagers in the locality in the above issue. Due to pecuniary or political bias and/or other parochial considerations, the new RDO/Sub Collector dismissed order of prohibitory injunction No. 124163/17/K2 dated 18-7-17 abruptly and without affording opportunity to the petitioner for any hearing. [ A writ petition WP(C) No.  30341/19 was filed by Santhosh Kunnunkal & others challenging the aforesaid order of dismissal by the RDO/Sub Collector Fortcochin is still pending. [ It is pertinent to note that another writ petition WP(C) No. 16254 /2019 filed by the land-mafias was dismissed as withdrawn on 16-12-2019, since it was neither maintainable nor sustainable in law.]

The latest provocation, at the instigation of aforesaid land-mafias in connivance with former Secretary of Kumbalam Panchayath (Sreekumar) and former village officer, (Deepthi,) police officials, Sanu Vatakkanat & his brother Babu, who are my neighbours and local CPM leaders, trespassed into my property comprised in old Sy No. 5/1 and 6/1, 7/1,2&3 and committed waste by erection of a building without obtaining a licence or approved plan from the Kumbalam Panchayath, which is mandatory. They further encroached into my property and erected sewage tanks, and temporary sheds. Hence I was constrained to file a civil suit, O.S. No. 313/2020 for recovery of possession of my properties and for consequential prohibitory and mandatory injunctions, damages and for compensatory costs from them. I prayed for a mandatory injunction also directing them to clear and clean up the wastes dumped on my properties as warranted by the Acts and the law laid down by the Courts of Law especially in the back ground of the spread of “Covid-19 viruses” spreading and becoming a menace to humanity, and which is recently declared “PANDEMIC” by the United Nations (UN.) The Hon’ble Court was pleased to pass an order of temporary prohibitory injunction dated 20-3-2020 in O.S. No. 313/2020 of Munsiff Court- at Ernakulam, restraining them from interfering with the peaceful possession and enjoyment of his aforesaid property. I submit that on 7-6-2020 at about 5 P.M. aforesaid Sanu & Babu along with C.K. Padmanabhan, a CPM area committee member of CPM, arrived once again at my residence and insisted for a compromise before the posting of the above case for appearance on 15-6-2020. I apprised C.K. Padmanabhan the real facts of the case and that I am legally entitled for a judgment and decree in my favour and that the Hon’ble Court has already granted an order of temporary prohibitory injunction against Sanu & Babu. But they insisted for ten cents of land excluding the area of land bestowed as right of way given on severance of Kudikidappu property to Babu by his father, which I refused to relent. Thereupon, C.K. Padmanabhan reminded me about the tragic episode at Panangad, where two persons belonging to Velakadavil family were murdered by the CPM loyalists when they tilled their land using a tractor, and he intimidated me by saying, “Unless the demand made by Sanu & Babu is met, they would have to resort to and repeat such incidents.” Sanu & Babu too in unison threatened me of dire consequences if their demand is not met. They had a criminal conspiracy at the residence of Sanu before their arrival at my residence and it is quite evident that they came not for compromise of aforesaid case but only to criminally intimidate me and my household to yield to their illegal demand. My family members were terrified by their atrocious statements. Thereafter they went to the residence of Sanu for further discussions. It is reliably learned that a few years ago, C.K. Padmanabhan wielded a sickle against his opponents in a pathway issue connected with the properties of Sakthipuram Bhadra-Kali Temple at Kumbalam.. Chandrahasan, Vishalayam at Kumbalam, is an eye witness to that incident. There is every likelihood of breach of peace and threat to my life and property and my household. Therefore, I filed an application, I.A No. 5/2021 to prosecute them and their abettors, for violation of the order of prohibitory injunction passed by the Hon’ble Court. That apart, I filed a complaint before the Panangad Police station as well but no action was initiated, and therefore, a complaint was moved before the Hon’ble Judicial First Class Majistrate Court-VIII at Ernakulam, under whose jurisdiction the aforesaid planned offences were committed. The Hon’ble Majistrate directed SHO Panangad to investigate the matter U/S 156 (3) of CRPC and CC No. 302/21 has been registered against them and that is pending.

          I regret to note, “Anarchy has become the order of the day and it is lurking in every nook and corner of this state. The ruling Communist Party (Marxist) actively support such criminals.” Aforesaid land-mafias are not law-abiding. They and the local political leaders, without distinction of their ideology, manifesto and colour of their flags, in connivance with revenue, panchayat and police officials at the lower level, have no respect for the orders /judgments passed by the Hon’ble High Court and sub-ordinate Courts. They are so daring that they even challenge the authority of the courts. Once again, the land-mafias have blatantly violated aforesaid order of prohibitory injunction dated 20-3-2020 with impunity; and they are fully aware of the consequences of disobedience. On 26-7-2021 Sanu in connivance with aforesaid other accused has commenced illegal erection of a readymade concrete sewage tank, and manhole encroaching into my property and constructed a “Work Area/Lean-to” with windows/ventilations on the rear yard (on the southern side,) attached to his fairly new single storied building No. 218A, with partly concrete top and partly asbestos top encroaching more than three meters into my property. The main building No. I/218A too violates rear yard and side yard restrictions like “leaving one and a half  meter space from the respective boundaries” and restrictions regarding erection of doors, windows and ventilations, which are being erected in violation of Kerala Building Rules in force and without obtaining an approved plan and valid permit from the local authority. The encroachment by aforesaid illegal constructions jutting out into my property is more than three meters. Aforesaid land-mafia especially Sanal P.C. & C.K. Padmanabhan, who are supporting them financially, politically and also with muscle men. Photographs taken and produced by my wife, Rose Sally Joseph, would eloquently speak and portray the   encroachments made by him. I filed a petition dated 4-8-2021 before the Secretary, Kumbalam Grama Panchayath with a copy to SHO. Panangad Police Station to issue a stop memo and to initiate criminal action. The authorities were in deep slumber, which afforded time to Sanu to complete their illegal construction work. Neither the Panchayath nor the police have initiated any action due to political and pecuniary bias and other parochial considerations. The illegal construction continued unabated till 10-8-2021. However, I received an evasive reply from the panchayath dated 18-8-2021, which he received on 26-8-2021, and thereby they declined my request to grant a certified copy of the building permit and approved plan of building No. I/218A of Kumbalam Panchayath owned by Sanu stating that it is third party information under the RTI Act 2005 and it will adversely affect the privacy of Sanu. Aforesaid reply reveals that the palms of the panchayath authorities concerned are adequately greased, and therefore, they failed to appreciate the detriment and irreparable injury and damages caused to me. It is pertinent to note that the encroachment made is not trivial. The defendants have encroached more than three meters at a length of 25.4 M into my property. I am amazed, “What is the right of Sanu, Babu & Sanal to set at naught my valuable right of peaceful possession and enjoyment of my properties? Aren’t the authorities duty bound to protect my rights and privacy; and safeguard/secure my life and my household? Is it reserved for the political card holders and leaders of this democratic country? What is the message they are giving to the public?” The police, and officials of the revenue & panchayath stood as mute witnesses to tragic episodes or they help the offender whose coffers are full. The salary of government servants were enhanced to unimaginable levels, which made them lethargic, uncouth and more corrupt, and they are becoming “a shame" before the public. The situation is alarming. On 22-8-2021 Sanu’s eldest son, Sanoj, got married with so much fanfare and celebrations for three days from 20-8-2021 and about a thousand people attended the marriage. I was an invitee but I could not attend the function because of my old age and the Covid protocol. A police officer who came that way in a jeep conveniently forgot about the government instructions issued to them and participated in the lunch.

 I respectfully submit that “where gross violation of laws and injustices are being perpetrated or are about to be perpetrated, it is the bounden duty of Hon’ble Courts to intervene and pass orders/judgments against the offenders to ward of the evil.”

While committing aforesaid encroachments and causing irritation, annoyance and wrongful loss to me the Kumbalam Grama Panchayath, their officials and the panchayath members concerned conveniently forgot the valuable social work and contribution made by my Desavazhi ancestors and me for the infrastructure development of Kumbalam Village.

The facts and circumstances emerged spontaneously and I was constrained to file a civil suit, O.S. No. 63/2019 before the Munsiff Court at Ernakulam, against the fraudulent legatees and assigns/transferees of Chakku Ouseph Polaparambil, Mathen Pattathil Vakeel, Saramma Polaparambil, M.D. Joseph Manckanamparambil and that case was an eye opener.  Thereafter, another suit is being filed against the fraudulent legatees and assigns/transferees of Ouseph @ Joseph Kallarakal, his brother Varkey Kallarakal. They have no right, title or interest in my ancestral Desavazhi properties, since aforesaid deeds are tainted with fraud and illegality. Aforesaid basic deeds as well as those deeds that followed are null and void and have no value in the eye of law. Hence they are not competent to alienate or encumber or commit waste in aforesaid properties.

 

          Similarly, Ouseph @ Joseph Kallarakal (1865-1952,) and his two elder sons, K.J. Joseph @ Papputty Master and K.J. Ithaque Master @ Issac, all devious characters, keenly cherished to have title deeds in their names with oblique motives like enabling them to alienate or encumber my ancestral Desavazhi properties. Since it was next to impossible; Ouseph @ Joseph (Parayil-Kallarakal (67) and his children mentioned above decided to fabricate a fraudulent settlement deed to show at least title on my ancestral Desavazhi properties.  Ouseph @ Joseph Kallarakal purported to have fabricated a fraudulently ‘Bhagatheerppu’ or Partition deed No. 1854 / 1 / 1108 dated  Thulam 25 1108  of  SRO  Ernakulam, whereby he settled the properties scheduled therein the deed, having a total extent of about 3 Acres of my ancestral Desavazhi dry land comprised in old Sy. No. 132/1,2,3&4; 133/1&4 and 1196; another total extent of 9 Acres 27 cents of my ancestral Desavazhi Nilam and chira properties, which was part and parcel of my ancestral Desavazhi wet land, a large salt marsh area, comprised in old Sy. No. 61/1,3,4,5 & 49; 87/5,6 & 89/1,2&3;  90 & 91/8; 101 and 121; which are mismanaged and misappropriated by him. It is pertinent to note that there is no derivation of prior title deed/s mentioned in the aforesaid ‘Bhagatheerppu’ or Partition deed No. 1854 /1/ 1108 and it was fraudulently executed without any competence or authority as is depicted in aforesaid deed, and thereby fraudulently settled aforesaid Desavazhi properties in favour of his three sons, 1. K.J. Joseph @ Papputty, 2. K.J.  Ithaque @ Issac and 3. K.J. Xavier (first two sons born through his first wife and 3^rd son born through his second wife, Thressiamma.)

 

K.J. Joseph Kallarakal @ Papputty Master, the eldest son of late Ouseph @ Joseph Kallarakal purported to have fraudulently bequeathed his share obtained as per fraudulent partition deed No. 1854/1108, which is more fully described in schedules therein. My ancestral Desavazhi dry lands having an extent of 73 cents comprised in old Sy. No. 132/2 and another 8 cents comprised in old Sy. No. 133/1; and yet another extent of 1-28 Acres of my ancestral Desavazhi Nilam and chira properties, comprised in old Sy. No. 101 was bequeathed to his eldest son, K.J. Joseph @ Pappachan; as per a fraudulent registered Will No. 77/1967 dated 16-3-1967 of SRO Ernakulam. Similarly, an extent of 23 cents of my ancestral Desavazhi dry land comprised in old Sy. No. 132/2,1,3,4  & 133/4; and yet another extent of 1-28 Acres comprised in old Sy. No. 101 of my ancestral Desavazhi Nilam and chira properties were bequeathed to his second son, K.J. Abraham; as per aforesaid fraudulent registered Will No. 77/1967 dated 16-3-1967 of SRO Ernakulam.

 

Aforesaid K.J. Xavier Master Kallarakal, the third son of late Ouseph @ Joseph Kallarakal  had no issues, and hence, he purported to have fraudulently bequeathed his remaining properties including his house property, which forms part of my ancestral Desavazhi dry land schedule therein, having an extent of 23 cents of dry land comprised in old Sy. Nos. 132/2,1,3,4 & 133/4 was bequeathed to K.J. Joseph @ Pappachan eldest son of his eldest step brother (late Joseph @ Paputty; and another having an extent of 1.05 Acres of dry land comprised in old Sy. Nos. 132/1 & 2, & 133/4 and 1196 was bequeathed to K.J. Abraham, second son of his eldest step brother (late K.J. Abraham respectively as per a registered Will No.  122/III/ 1980 of SRO Ernakulam. Aforesaid K.J. Abraham expired and his share is purported to have fraudulently devolved on his sole legal heir & daughter, Ancy Santhosh. The prior title deeds, Bhagatheerpu deed No. 1854/1108 and sale deed No. 833/1118 of SRO Ernakulam mentioned in aforesaid two Wills is fabricated/fraudulent. The latter deed has nothing to do with aforesaid Bhagatheerppu or partition deed and/or aforesaid two Wills of SRO Ernakulam that followed. Therefore, the Bhagatheerpu deed No. 1854/1108 and all subsequent deeds that followed are also tainted with fraud and illegality and are liable to be cancelled fully.

 

[In 2013, K.J. Joseph @ Pappachan) S/o Papputty Master, came to my residence along with his one and only son, K.J. Joseph @ Appachan, and handed over photocopies of two registered Wills; Will No. 77/III/1967 dated 16-3-1967 executed by his father, late K.J. Joseph @ Papputty Master, Kallarakal, and Will No. 122/III/1980 dated 9-12-1980 of SRO Ernakulam executed by his step uncle, late K.J. Xavier Master, Kallarakal, who expired without any issues. K.J. Joseph @ Pappachan requested me to prepare a Will in respect of his properties covered under the aforesaid Wills in favour of his only son. I directed them to bring the prior title deeds mentioned in aforesaid Wills, latest basic tax receipt, property tax receipt, E.C., etc. I was aware that he wanted to enable his son to avail a bank loan to send his grandson, Roshan, abroad for higher studies and to pursue a job in Australia. I advised him that a Will takes effect only on the death of the testator, and therefore, I candidly advised them that a gift/settlement deed is a better option. Thereafter, when he met me, he told me that his daughter-in-law, Ancy, a headmistress of a primary school at North Paravur, is making arrangements to take a loan from her Provident Fund Account to meet aforesaid cash requirements. However, K.J. Joseph @ Pappachan did not collect aforesaid photocopy of Wills and those Wills came in handy to trace their fabricated/fraudulent prior title deeds. I submitted an application, No.  I.D: P15774206 to grant a certified copy of ‘Bhagatheerppu’ or Partition deed No. 1854 / 1108 dated  Thulam 25 1108 of SRO Ernakulam but that was rejected on the ground of “damaged/deteriorated,” However, my application for certified copy of the fabricated/fraudulent sale deed No. 833 / 1118 dated Dhanu 20, 1118 of SRO Ernakulam was granted. ]

 

Aforesaid K.J. Joseph Kallarakal @ Papputty Master, the eldest son of late Ouseph @ Joseph Kallarakal purported to have fraudulently, purchased 32 cents of land comprised in old Sy. No. 133/1 of Kumbalam Village, which is actually part and parcel of my ancestral Desavazhi property, as per sale deed No. 1833/1118 dated Metam 27, 1118 of SRO Ernakulam, executed by Padmnabha Panicker, nephew of Gopala Panicker, Mattakkal-Mandanat, 2. Gopalan Krishna Panicker and 3. Kunju Amma Kumbalam desom & Village. Suppressing aforesaid sale deed No. 1833/1118, yet another sale deed No. 621/1951 dated 24-3-1951 was purported to have been fraudulently executed/registered on 31-3-1951 of SRO Ernakulam, and that was deviously executed by Krishna Panicker (56,) nephew of Gopala Panicker, Mattakkal, Kumbalam to Thressiamma (21,) D/o Thomas Pemala-Kizhakketath, and wife of K.J. Joseph @ Pappachan, Kallarakal, and daughter-in-law of K.J. Joseph @ Papputty Master at Kumbalam. It is significant to note that aforesaid sale deed contained a stipulation that 32 cents in old Sy. No. 133/1 was given under a lease by Mattakkal Panicker family to Papputty Kallarakal. Aforesaid Thressiamma @ Theyyamma had given 10 cents of land out of aforesaid 32 cents to Kunjankutty as Kudikidappu and another about 5 cents of land for the tea shop conducted by Kunjankuty, She died intestate and her balance (5.81 Ares) 14.620 cents of land purported to have devolved on her husband, K.J. Joseph @ Pappachan, and their one and only son, K.J. Joseph @ Appachan. Aforesaid K.J. Joseph @ Pappachan, purported to have executed a fraudulent release deed No. 2642/2013 dated 13-9-2013 of SRO Maradu, in favour of his son, K.J. Joseph @ Pappachan, and he in turn purported to have fraudulently assigned 4.16 Ares of land comprised in Re Sy.  No. 64/3-3 out of 32 cents old Sy. No. 133/1 of Kumbalam village in favour of Christan, S/o C.D. Joseph, Puthu-Nikarthil, Kumbalam desom & Village, and his wife, Mable P.J as per sale deed No.  76/2021 dated 6-1-2021of SRO Maradu. [Shortly thereafter, K.J. Joseph @ Appachan was totally bed-ridden due to paralysis. A few of the female members of Kallarakal family suffer from mental disorders. Blessan S/o K.J. joseph @ Appachan, who laid a clam for the new Kallarakal-north house property met with a violent motor accident near Trippunithura and he too succumbed to his injuries. Similarly Jose S/o late K.J. Abraham Kallarakal also had a premature death.]

 

I was taken aback, when I came across a sale deed No.  2118/1974 of SRO Ernakulam which is purported to have been fraudulently executed by Bhargavi Mattakkal (61) residing in Puthenpura, Kumbalam desom & village in favour of Mariamma Thomas Anjilikkal, Kumbalam desom & village and she in turn fraudulently assigned the same to her husband Paul Thomas Anjilikkal as per sale deed No. 2425 / 1991 of SRO Maradu. Aforesaid Paul Thomas, fraudulently assigned aforesaid property in favour of his son, Joseph Thomas Anjilikal as per sale deed No. 407/2014 of SRO Maradu. It is pertinent to note that the total extent in old Sy. No. 133/1 is only 32 cents which was already assigned by Mattakkal family to late K.J. Joseph, @ Papputty, school master, S/o late Ouseph @ Joseph Kalarakal Kumbalam as per sale deed No. 1833/1118 dated Metam 27, 1118 of SRO Ernakulam; and suppressing aforesaid sale deed another sale deed 621/1951 of SRO Ernakulam, too was fraudulently executed by Krishna Panicker (56,) nephew of Gopala Panicker, Mattakkal in favour of Thressiamma W/o K.J. Joseph @ Pappachan. In such circumstances there is no rhyme or reason to execute a third fraudulent sale deed No. 2118/1974 SRO Ernakulam, and subsequent deeds No. 2425 / 1991 and 107/2014 of SRO Maradu in favour of Anjilikkal family. All the aforesaid deeds are fabricated and fraudulent and are null and void and are liable to be cancelled fully. [Aforesaid Thomas S/o Paul Anjilikal was the sacristan of Kumbalam Nazrani Church; he was sacked from that post.]

Aforesaid K.J. Joseph @ Pappachan, and his one and only son, K.J. Joseph @ Appachan. purported to have fraudulently assigned 27 cents of my ancestral Desavazhi properties in favour of  Mrs. Thankamma @ Kathri, W/o. Vasu Matheparambil-Nikarthil, Kumbalam desom & Village; Mr. Harshan, S/o Kuttan, Radha Mandir in Matheparambil-Nikarthil, Kumbalam desom & Village, and Mr. Shaji, working in Indian Navy, S/o George Suryapilly , Kumbalam desom & Village, 

Aforesaid K.J. Joseph @ Pappachan, purported to have fraudulently assigned my ancestral Desavzhi properties having an extent of 1.28 Acres of land comprised in old Sy. No.  101 (50.30 Ares in Re Sy. 90/3 under bock 15) of Kumbalam village in favour of  Mr. Ancil (21), S/o C.M. Abdul Rasheed, Chalackal, Vennala Kara, Edappally South Village, Kochi- 682 028.as per sale deed No. 3418/2004   of SRO Maradu.

 

Likewise, aforesaid late K.J. Abraham, father of Ancy Santhosh, purported to have fraudulently assigned my ancestral Desavzhi properties having an extent of 1.28 Acres of land comprised in old Sy. No.  101 (50.30 Ares in Re Sy. 90/1 under bock 15) of Kumbalam village in favour of  Dr. C.M. Muhammed Basheer, S/o C.K. Mohammadali, Medical College P.O., Pin 690 011, Pattom Village, Thiruvananthapuram Taluk as per sale deed No. 3419/2004   of SRO Maradu.

 

Aforesaid late K.J. Abraham, father of Ancy Santhosh purported to have fraudulently gifted my ancestral Desavzhi properties having an extent of 23 cents comprised in old Sy. No.  132/2, 1, 3, 4  & 133/4 Part  (7.40 Ares in Re Sy. 53/10 & 9 under bock 15) of Kumbalam village in favour of his first cousin’s mother, Yupressia, as per a gift deed No. of SRO Ernakulam. She expired and therefore, it devolved on her two sons, K.I. Jose & K.I. Antony.

Aforesaid late K.J. Abraham, purported to have fraudulently gifted my ancestral Desavzhi properties having a total extent of 1 Acre 05 cents comprised in old Sy. No.  132/1, 132/2, 133/4  (Total 22.50 Ares in Re Sy. 53/9&11 under bock 15) of Kumbalam village as well as my ancestral Desavazhi property having a total extent of 1 Acre 45 cents comprised in old Sy. No.  87/5,6; 89/1; 89/2; 89/3.   (Total 58.70 Ares in Re Sy. 88/2, 88/4 & 89/2 under bock 15) of Kumbalam village fraudulently entered into by his wife (late Elikutty,) which devolved on him and his only daughter, was gifted in favour of his one and only daughter, Ancy Santhosh, as per a Will/gift deed No.  of SRO Ernakulam. 

Aforesaid late K.J. Ithaque @ Issac Kallarakal, the second son of late Ouseph @ Joseph Kallarakal, died intestate and hence my ancestral properties having an extent of 2 Acres 24 cents comprised in old Sy. No.  61/1, 3, 4, 5 & 49, 91/10-D & 7-D, 90 & 89/2 Part (total 90 Ares in Re Sy. No. 88/2, 88/4 & 89/2 under bock 15) of Kumbalam village, which they fraudulently entered as his share obtained as per fraudulent settlement deed No. 1854/1108, purported to have devolved on his wife, Yupresia @ Achamma Issac, and their children, K.I. Jose & K.I. Antony. Their mother Yupresia too expired and her share too devolved on K.I. Jose & K.I. Antony.

Late K.J. Xavier, the third son of Late Ouseph @ Joseph Kallarakal through his second wife Thressiamma, purported to have fraudulently assigned my ancestral Desavzhi properties having an extent of 2.70 Acres of land comprised in old Sy. No.  90 & 91/8 (1.08.45 Hectres in Re Sy. 88, 91 /1,2,5,6,7,8        under block 15) of Kumbalam village in favour of Joy Kozhivally at Panangad, as per sale deed No.   of SRO Ernakulam. Said Joy Kozhivally in turn purported to have fraudulently assigned aforesaid Desavazhi Nilam property to Mr. Mohan Babu, NRI, S/o Late Raghavan, Rohini Gardens, Near Yoga-parambu, Kumbalam P.O., now residing in Sree Nikethan,  Janatha Road (Lane 12 Jn.,) Vyttila, Kochi-682 029, represented by his manager, Sethu @ Saidmohammed, Rohini Gardens,  Kumbalam P.O. and his wife Mrs. Rohini , as per sale deed No.   of SRO Ernakulam.

 

It may be further noted that while late Ouseph @ Joseph Kallarakal was managing the properties of Kumbalam Nazrani Church as Kaikaran or helper; there was an allegation that he had misappropriated 10,000/- rupees from said Church Funds and that debt was later passed on to his elder two sons, K.J. Joseph @ Papputty & K.J. Ithaque @ Issac, as per his fraudulent settlement deed No. 1854/1108 of SRO Ernakulam. Fr. Issac Pottayil, the Vicar of Kumbalam Nazrani Church tactfully appointed his youngest son, K.J. Xavier, a high school teacher and a gentleman, as Kaikaran of the Church and pressurized him with timely digs at public gaze to belittle him. When the Church threatened to initiate civil and criminal proceedings against his father and his elder step brothers; K.J. Xavier Master and his mother, Thressiamma, (close young nephew and sister respectively of my grandfather) pestered, unduly influenced and also coerced my grandfather to discharge their liability. The Vicar of aforesaid Church and other laities too persuaded him and he yielded under the mistaken belief that the priests and their hierarchy would take all their predecessors and successors into heaven, the abode of God,  and therefore, my grandfather bestowed about one acre of land to Kumbalam Nazrani Church by executing a registered sale deed No. 1544/1115 ME dated Metam 31, 1115 of SRO Ernakulam to avert the threatened attachment and sale of aforesaid Chembaranjeri properties and to avoid criminal cases and also under the aforesaid mistaken notion. It is pertinent to note that the Kallarakal family had fraudulently entered into about 12 Acres of my ancestral Desavazhi land when the aforesaid liability to the Kumbalam Nazrani Church was slyly passed on to the shoulders of my grandfather. Another significant issue was that there was an understanding between my grandfather and the Kumbalam Nazrani Church that on payment of the said amount the properties covered by the aforesaid sale deed would be returned to my family but the church authorities failed and refused to honour the commitment when the amount with interest was tendered to the church authorities by my grandfather and my father. When aforesaid properties were assigned by the Kumbalam Nazrani Church, my father was ready and willing to pay the sale consideration but Church authorities refused to give that property back to us. [The buyer of aforesaid property and his son committed suicide shortly. ]

 

Late Chandy son of late Varkey Kallarakal-south, purported to have fraudulently assigned 74 cents in old Sy. No. 140/2, which forms part of my ancestral Desavazhi properties having a total extent of 1Acre 38.025  cents comprised in old Sy. No. 140/2 (63.35 Ares in Re Sy. No. 59/1 & 59/2 under block 15) of Kumbalam Village to his brother-in-law, Chacko Kunnunkal, as per sale deed No. 498/1955 dated Etavam 10, 1125 ME  of SRO Ernakulam. His mother, Annamma Maniamkot wife of late Varkey Kallarakal, purported to have fraudulently assigned another 74 cents in old Sy. No. 140/2, which forms part of my aforesaid ancestral Desavazhi properties, to her son-in-law, Chacko Kunnunkal, as per mortgage deed No. 15/1955 dated 4-1-1955 of SRO Ernakulam. Thereafter she purported to have fraudulently assigned aforesaid 74 cents in old Sy. No. 140/2, to her son-in-law, Chacko Kunnunkal, as per sale deed No. 2185/1955 of SRO Ernakulam. Aforesaid Chacko Kunnumkal died intestate and aforesaid Desavazhi property purported to have fraudulently devolved on his wife, Achamma Chacko (Kunnunkal) residing inKallarakal and their children (five daughters, (Daisy, Alphonsa, Kochuthressia, Rosily & Kochurani) & one son, George, who also expired,) and therefore, purported to have fraudulently devolved on his wife, Valsamma and their children. They partitioned their properties as per partition deed No. 1706/1993 of SRO Maradu. Achamma Chacko, W/o late Chacko Kunnumkal residing in Kallarakal, Kumbalam also expired. It is pertinent to note that aforesaid fabricated/fraudulent title deed and all prior deeds are in respect of my ancestral Desavazhi properties and they are executed without any competence or authority as is depicted in aforesaid fraudulent deeds.

 

It is significant to note that aforesaid members of Polaparambil, Pattom and Kallarakal family were/are not cultivating tenants and they had no lease deed in their favour and their predecessors were only acting as mere helpers in the management of my ancestral Desavazhi family properties. Under the Kerala Land Reforms Act, which came into force on 1-1-1970, if they were cultivating tenants they would have got fixity of tenure under the Act, the landlord’s intermediary title vested in the government. Aforesaid Desavazhi properties still continue in the name of Desavazhi as depicted in the British Settlement as well as in the new BTR. While fabricating aforesaid fraudulent deeds, the anglophiles like members of Polaparambil, Pattom, Manickanamparambil and Kallarakal families failed to note that my ancestor Oli Nambuthiris, fought several strategic wars against the Zamorin of Kozhikode during the early decades of the 16^th century and as part of the early struggles for independence Oli Nambuthiri attacked the British forces at Mattancheri, Fortcochin and Bolgatty Palace in 1808-09 with the blessings of then prime- minster of Cochin, Paliath Achan. My ancestors, Oli Nambuthiris, expend a lot of their wealth for the unity, territorial integrity and security of the erstwhile state of Cochin and for the protection of life, dignity and honour of their subjects. Hence all aforesaid basic deeds and the deeds that followed are tainted with fraud and illegality and hence null and void. I respectfully submit that he has reasonable apprehension that if aforesaid sham/fraudulent settlement and sale deeds and other deeds that followed are left outstanding, that might cause him serious and irreparable injury and financial loss, and therefore, this Hon’ble Court may, in its discretion, so adjudge it to be delivered up and cancelled fully. The Hon’ble Court also may be pleased to send a copy of the decree to the Sub Registrar, SRO Ernakulam, Maradu and Trippunithura, Palakkad, directing them to note on the copy of the instrument contained in their books the fact of its cancellation as well.

 

Members of Polaparambil, Pattom and Kallarakal families are not law-abiding. They have no right whatsoever to set at naught my valuable rights as aforesaid. They are liable to compensate me for the undue enrichment of wealth by mismanagement and misappropriation of usufructs from my ancestral Desavazhi properties. I reserve my right to sue them for appropriate relief for undue enrichment and damages in due course.

 

Aforesaid concerted acts, pursuant to a criminal conspiracy, are highly illegal, unlawful and intended to insult / annoy / interfere with peaceful enjoyment of my property. They had committed aforesaid offences of criminal conspiracy, criminal trespass, creation of fabricated and fraudulent deeds, mismanagement and misappropriation and illegal exercise of sovereign power, and thereby causing wrongful loss to me and wrongful gain to them, and therefore, they and agents are also liable to be prosecuted / convicted / sentenced for the aforesaid offences r/w Sec. 34 of IPC. The vigilance department of the government shall initiate disciplinary proceedings also against erring government officials and others staffs involved in illegal exercise of sovereign power as well.

 

The sins of deceased Chakku Ouseph Polaparambil, Mathen Pattathil Vakeel, M.D. Joseph Manickanamparambil, Saramma Polaparambil, Dr. P.J. Jose Polaparambil are laid upon the members of Polaparambil and Pattom families and their legatees/transferees/assigns (Reshma Sara Polaparambil,W/o Adv. Firoze Robin Anathanam and Rosy Kallivayalil, (wife of late Dr. Jose Polaparambil) P.J. Mary (Pattom) Polaparambil, W/o Dr. Baby Pattom, Premy B. Pattom W/o Thomas Paul Parakkal, Dr. Jay B. Pattom, and their abettors, Padmanabha Panicker S/o Rama Kaimal (Therampurath) Kannambilly at Kumbalam & Gopalan Bharathan Menon, Sreevilasom, Kumbalam  and all the partners of M/s Orange Tree Properties, Bengaluru, the directors of M/s Ganya Realtors and Developers Private Limited, Thammanam represented by Anush Kalluvila Thomas and Jacob Kalluvila Babu) and their legatees/transferees/assigns and their future generations. And the sins of deceased Ouseph @ Joseph Kallarakal and his brother, Varkey Kallarakal, K.J. Joseph @ Papputty & K.J. Ithaque @ Issac, Achamma Issac,  K.J.  Xavier, K.J. Abraham, Annamma Varkey Kallarakal, Chandy Kallarakal, Chacko Kunnumkal Kallarakal, Achamma Chacko Kallarakal and their legatees/transferees/assigns are laid upon the members of Kallarakal family (K.J. Joseph @ Pappachan, K.J. Joseph @ Appachan, Ancy Santhosh D/o K.J. Abraham, K.I. Jose, Kallarakal, K.I. Antony, Daisy, Alphonsa, Kochuthressia, Rosily, Kochurani, Valsamma George and their legatees/transferees/assigns and their future generations.) I hereby terminate the services of the members of families Polaparambil and Kallarakal and their fraudulent assigns/transferees, and their agents in the management of my ancestral Desavazhi properties. I make it clear that they and their men’s presence hereafter on my ancestral Desavazhi properties is illegal. Unless they leave my aforesaid properties without any demur, the curse of the forlorn lady, my great-grandmother, would fall upon them and their fraudulent assigns and their future generations. I sincerely hope that wisdom would dawn on them and their fraudulent legatees/transferees/assigns, and they would better leave all my ancestral Desavazhi properties to me, the real owner.

 

I regret to note that there are relevant, strong, and cogent circumstantial evidences to discern the vital role played by Chakku Ouseph Polaparambil, Ouseph @ Joseph Kallarakal, Varkey Kallarakal and Mathen Pattathil Vakkeel in the murder of my great-grandfather, Oli Lonan Ouseph Thayamkeril (1899) and granduncle, Xavier Thayamkeril (1915.) Both Mathen Pattathil Vakeel and his son-in-law, M.D. Joseph and their men had played a crucial role in the mysterious and untimely death of my grandfather, Ouseph Thayamkeril (1895-1946,) and his male children also. Their involvement in those heinous crimes were manifested on their faces and the body of their children, which are worthy of scientific and forensic research. I have observed varied defects/shortcomings/handicaps and other manifestations (like violent deaths, massive heart attacks, unsoundness of mind, scalp without hair, paralysis, cleft lip, death by self-immolation, drug addicts, complex family problems, penury, demolition of well-maintained tharawad houses, etc.,) in other families too who had committed similar dreadful crimes. I have noticed that Mathen Pattathil Vakeel, M.D. Joseph and Padmanabha Panicker Kannambilly (Therampurth,) out of guilt, would never look straight on my face; they either looked down or gazed elsewhere when they conversed with me. It is pertinent to note that Mariakutty Mathen (1894-1920,) wife of Mathen Pattathil Vakeel expired at the young age of 26 due to hyper tension. I vividly remember the two senior students, more than five years older to me, who used to harass me during intervals; while I was studying in 2^nd standard in St. Mary’s Primary School at Kumbalam. Both of them were brothers and had long thumb nails. They used to press their nails on my fingers causing excruciating pain, sometimes my skin peeled off, and thus they extracted my slate pencils. I am amazed, “Why I was singled out for such special treatment?” I did not make any complaint to my teachers or my parents? I gathered that they and their parents are Communist Party loyalists, who are close and loyal to Polaparambil family. After some time another senior student started to harass my elder sister, Thressiamma, too. He used to beat her up with a long scale in her class in the gaze of her classmates without any cogent reason. One day, my father came to know about it. I too was taken aback by the incidents happening at school. I was amazed, “Who were behind the scene in connivance with local Communist party men? Why Mathen Pattom Vakeel, a public figure – who was a nominated panchayath president, and who ws aware of aforesaid incicents at school, did not intervene?” I strongly believe that these harassments were psychological threats to ruin the morale of the new generation of Oli Mana, my household. When such harassments continued unabated, my father intervened and the culprits abruptly stopped their nefarious activities. I was well aware that Mathen Pattathil Vakeel and M.D. Joseph were so cruel and heartless and they would stoop down to any extent/level to achieve their targets. All the water in Vembanad Lake is not enough to cleanse the bloodstained hands of Chakku Ouseph Polaparambil, Ouseph @ Joseph Kallarakal, Varkey Kallarakal, Mathen Pattathil Vakkeel, M.D. Joseph Manickanamparambil, and their abettors, Padmanabha Panicker Kannambilly (Therampurath) and others. The legatees/assigns/transferees of Polaparambil, Kallarakkal, Kannambilly (Therampurath) families and other abettors are answerable for their vital role in the heinous crimes they had committed.”

The curse of my great-grandmother, “Chakku Ouseph Polaparambil, Oseph @ Joseph Kallarakal, Varkey Kallarakal, Mathen Pattathil Vakeel, and their legatees/transferees/assigns could not enjoy the ancestral Desavzhi properties of Oli Mana,” looms large on them and their future generations and their fraudulent legatees/transferees/assigns and abettors. Flies and maggots are chasing the predecessors of Reshma Sara W/o Adv. Firoze Robin Anathanam,) Rosy Jose (Kallivayalil) Polaparambil and P.J. Mary Polaparambil (Pattom) and Ouseph @ Joseph Kallarakal, Varkey Kallarakal and their family members, legatees/transferees/assigns; and aforesaid sly, dishonest and scheming predecessors are twisting and turning in their graves hoping that wisdom would dawn on their legatees/transferees/assigns at least at the eleventh hour to salvage them from the inexhaustible fire, and excruciating pain and agony of the hell. I too sincerely hope that the legatees/transferees/assigns would act prudently and would not wait for the civil court to throw them out. Beware! Now the time is ripe to throw all of them out of my ancestral Desavazhi properties.

                                  -------

Excerpts from

 

MEMOIRS

 

An autobiography by

Joseph J. Thayamkeril

Lawyer, Kochi, Kerala, India.

josephjthayamkeril.blogspot.com