Van Ingen’s estate in Wayanad becomes Government property

Wayanad:  In a landmark order, Wayanad District Collector S. Suhas has declared Alathur Estate, a private coffee estate spread over 211 acres at Thrissilery village of Manandavadi taluk, as Government property under the Kerala Escheats and Forfeitures Act. The Act looks into the administration and custody of escheats and unclaimed property.

Suhas also cancelled any right, claim, or title of anyone other than the Government on the land through the order that was issued yesterday. The estate, a well-maintained coffee plantation, was owned by British brothers Oliver Fiennes Maurice, Edwin Joubert Van Ingen, and John De Wet Ingen. Maurice transferred his share in the estate to the other two brothers. Subsequently Edwin became the owner of the estate after the death of John.

Edwin and John were renowned taxidermists based in Mysuru and they excelled in their profession and maintained the estate well. After the death of Edwin Joubert Van Ingen, the estate became subject to the Kerala Escheats and Forfeitures Act. After preliminary enquiry, a notice was published in the official gazette, inviting claims and objections.

Michael Floyd Eshwer from Mysuru and Metilda Rosamond Gifford from England turned up with their claims and submitted their versions and evidences. Both the parties were represented by senior advocates. District Collector Suhas conducted personal hearing of both the parties and examined many volumes of records to determine facts of the case. As the matter involved was complex in nature, many Acts and legal documents were examined.

Meanwhile, Michael Floyd Eshwer approached the Kerala High Court with a plea to get the Collector’s process stalled. The Collector, however, got a favourable order from the Court.

After examining documents and statutes, the Collector established that Edwin Joubert Van Ingen died intestate (without leaving any legal heirs) and he was the owner of the Alathur Estate at the time of his death. Such a property belongs to the Government as per the provisions of Escheats and Forfeitures Act.

The Collector issued order to take over the entire estate, measuring 211.77 acres as a Government property. Any right, claim or title of anyone other than the Government was cancelled through this order. The revenue records related to this property will also be corrected to make it Government land.  

The Escheats Act provides that any party aggrieved by the order may prefer appeal and that order will take effect only after the appeal period or disposal of appeal, whichever is later. Thus the actual taking over of the property will happen only after this said appeal period.

This is a landmark order in the history of Wayanad District, which adds quite a big chunk of land into Government custody. The process involved a lot of legal complications and had at times, invoked heated arguments between the opposite parties and the Collector during hearings. Now, Alathur Estate is Government property wherein the Government can enjoy full title, ownership and control.

Incidentally, Wayanad Collector S. Suhas hails from Karnataka and is the son-in-law of former Deputy Commissioner of Mysuru Dr. Rame Gowda. Suhas was in Mysuru in March this year and was the chief guest at Mysore Travel Mart-18.