Gulf returnee finds own land marked as govt property in Kochi, wins it back after legal battle, now awaits compensation

One fine day, Suresh Babu and his wife, Sheeba Suresh, natives of Ernakulam, discovered that the land they had owned for years had been recorded as public property. It marked the beginning of a legal battle that has dragged on for nearly a decade. Suresh Babu, 75, initially fought to reclaim ownership and then waged another battle to win compensation for his mental stress and financial loss.

The couple's struggle now continues as the civic body is yet to transfer the compensation awarded to them by the Ombudsman of Local Self Government Institutions (LSGI), Thiruvananthapuram.

Their ordeal began in 2017 when Suresh Babu, who was then living in the Gulf and running his own business, received a call from neighbours informing him that a Corporation overseer and two other officials had inspected his property at Tharayi Bhagam in ward number 66 of Palluruthy Nada, Kochi.

After making enquiries, Suresh learnt that a neighbouring resident had filed a Right to Information (RTI) application seeking details on whether the 2.6-metre stretch of the 3.9-metre road attached to their house was private property or public land. Suresh said that the RTI application was filed with an ulterior motive. "If my land is declared public property, he will be able to construct a building on the two plots behind his house by using my land as the access road. Otherwise, those plots will have no road access," Suresh Babu said.

At the time, Sheeba's elderly parents and a caretaker were staying at the house, while the couple coordinated the matter from the Gulf. According to Suresh, the Corporation overseer at the time responded to the neighbour's RTI query stating that the land was public property. "I challenged it by submitting all the relevant documents. He then said the property had been entered in the asset register," Suresh said.

Since he was abroad, his sister-in-law filed another RTI application to verify the details. Suresh said that when she approached the officials seeking clarification, she was dismissed and was mocked twice by officials over phone calls.

Following this, Suresh filed a complaint through the Indian Embassy with the police. "Eventually, when the register was produced, it was evident that the entry regarding my property had been added later and was not part of the original records. I then contacted the officials, and they told me that only the Corporation secretary had the authority to make changes in the property register, but the record clearly showed the overseer’s handwriting," he said. Suresh filed a complaint with the Corporation, the Vigilance and the police.

Amid the proceedings before the Munsiff Court based on the complaint he filed in 2017, Suresh returned to Kerala in 2019. On March 31, 2021, the court ruled in his favour, holding that the land was private property. "I lost my time and money due to corruption. I had to file multiple complaints, repeatedly request that the case be considered, and approach officials over the years. I knew the corruption would continue, so I approached the Thiruvananthapuram LSGD Ombudsman seeking financial compensation," he said.

During the proceedings, Ombudsman P S Gopinathan, who was initially involved in the matter, criticised the officials for their handling of the issue. Later, Ombudsman P D Rajan passed the final order in Suresh Babu's favour. He also imposed a fine of ₹25,000 on the Kochi Corporation and directed that a compensation amount of ₹25,000 be paid to Suresh Babu. The order stated that the compensation should be recovered from the salary of the overseer concerned.

Suresh said that although the overseer handed over the amount meant as compensation to the district treasury and the money is lying in the bank, the Kochi Corporation has yet to complete the process and release it to him.

When Suresh Babu sought an explanation from the authorities, Suresh said he was informed that the payment could not be processed because the previous Ombudsman (P D Rajan) had passed away and a new appointment to the post was pending.

"I have spent years following up on this case. First, my private property was illegally shown as public property. After finally winning the case and getting an order for compensation, even that is now being deliberately delayed by the authorities. "This is a grave concern and shows flagrant corruption. This could happen to any ordinary citizen," Suresh said.