Enemy Property
History's heavy hand
How hundreds of families became trapped in a legal battle over a label they never chose
One of my uncles had gone to Pakistan for work and returned in 1958. Our ancestral property was divided about 20 years ago,' explains Abdu Khader of Nannambra in Malappuram. 'Yet, I received a Central govt notice claiming my land is enemy property.'
In Sept 2024, Khader and scores of others mostly in Malappuram as well as in Kannur, Kozhikode and Palakkad, received notices from the Custodian of Enemy Property for India (CEPI), stating their properties are subject to govt takeover.
The notices, dated Sept 19, gave residents just 15 days to respond. Failure to reply, the notice warned, would be considered consent for the govt to seize the land. 'I've been living here with my family since 1978. I don't understand how, all of a sudden, my property has been labelled as enemy property,' says Sujatha, a resident of Thalakkad, also in Malappuram.
The plot of land in question is among the 68 properties in Kerala—worth a staggering around Rs 1,375 crore—that have been designated as 'enemy property.' The Enemy Property Act came into force in 1968 after the war with Pakistan. It aimed to regulate properties of those who migrated to Pakistan after the 1947 partition or during the 1965 and 1971 conflicts and took up citizenship there or are presumed to be Pakistani nationals.
But for many families like Khader's, these labels don't reflect their reality. The law has ensnared families who have lived peacefully for generations. Many of these cases trace back to ancestors who migrated temporarily—or under compulsion—decades ago, whether for work or trade. At the time, moving to Karachi was no different than travelling to Mumbai or Kolkata. Hundreds left for ordinary jobs: Running tea stalls, working in hotels or beedi factories, trading betel leaves—just as they might have moved to any other Indian city. Most never intended to stay forever. Yet, when they tried to return, they were met with visa rejections or deportation.
One such family found hope in the courtroom. Kunji Koya, a Parappanangadi native, had moved to Karachi in 1953 for working in a hotel. Though he returned to India, he was branded as a Pakistani national by the police. His son, P Ummer Koya, endured a long legal battle just to pay land tax on property he bought from his father. In a landmark Kerala high court ruling in June 2024, the court clarified that seeking employment in Pakistan does not make one an 'enemy' under the law.
It quashed the proceedings, affirming the family's right to their property. 'By no stretch of the imagination can the petitioner's father or the property held by him be deemed 'enemy' under the Act,' the court ruled. Yet this ruling remains the exception, not the norm. Several families remain mired in uncertainty.
Their appeals to district officials and political leaders have yielded little result.
In Thalakkad panchayat in Tirur, over 35 families now find themselves unable to pay land tax. Though they had regularly paid until 2024, revenue officials are now refusing payments. 'CEPI has collected details of these properties and it is verifying the claims of property holders. We don't know how long the process will take. Until then, we cannot accept tax from them,' says R Rajiv, village officer, Thalakkad.
A similar situation prevails in Nannambra panchayat, where 10 families are affected. Notices were served directly by CEPI officials from Mumbai, leaving local revenue officers with no authority. 'Residents can appeal to CEPI as mentioned in the order. We have no role in it,' says N Jayasankar, village officer in Nannambra. When tensions between India and Pakistan rise, fear among affected families deepens. 'I have lived here for over three decades, paying my taxes,' says one resident, requesting anonymity. 'This notice has plunged us into despair. While I plead with authorities to show compassion, the worsening relationship between India and Pakistan gives me nightmares.'
The plight of these families has been worsened by the 2017 amendment to the Enemy Property Act. It invalidates legal sales of these properties and erects formidable barriers for those seeking legal recourse, shutting the doors of civil courts to their pleas. Kerala ranks 13th in the country in the number of enemy properties, with 38 located in Malappuram district alone.
Many of these properties have changed hands multiple times, with buyers unaware of their historical baggage—until the notices arrived. 'As of now, six properties have been confirmed as enemy property and will be auctioned,' said Vinil PK, an official at Malappuram district collectorate who deals with enemy property. 'The rest are still under verification,' he said.
'Our political parties, MLAs, and MPs should take up the issue with the Centre and convince it of the plight of these hapless people,' says former MLA and film director PT Kunhi Mohammed who wrote and directed 'Paradeshi,' which depicts the plight of 'Pak citizens' in Kerala. 'Many had to take Pakistani passports to return to India but were denied Indian citizenship and lived in fear of deportation. Now their descendants face losing their hard-earned properties.'
Every time the India-Pakistan situation flares up, these families are gripped by fear, uncertain of when the next blow might fall.
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