Kerala High Court
Dr. Johnykutty J Ozhukayil vs Biju Skaria on 18 August, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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R.P No.987 of 2025 2025:KER:61291
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
RP NO. 987 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN WP(C) NO.20825 OF
2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3rd PARTY:
DR. JOHNYKUTTY J OZHUKAYIL
AGED 64 YEARS
S/O JOSEPH, OZHUKKAYIL HOUSE, NEDUMKANDAM P.O, IDUKKI
DISTRICT, KERALA, PIN - 685553
BY ADVS.
SHRI.SARATH BABU KOTTAKKAL
SMT.ARCHANA VIJAYAN
SHRI.SEBASTIN
RESPONDENTS/PETITIONER/RESPONDENTS:
1 BIJU SKARIA
AGED 53 YEARS
S/O SKARIA, NEDUMPATHALIL HOUSE, MANKUTHIMEDU,
CHATHURANGAPARA,IDUKKI, PIN - 685553
2 STATE OF KERALA
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM,, PIN - 695001
3 TAHASILDAR
TALUK OFFICE, UDUMBANCHOLA, NEDUMKANDAM, PIN - 685553
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R.P No.987 of 2025 2025:KER:61291
4 TALUK SURVEYOR
TALUK OFFICE, UDUMBANCHOLA, NEDUMKANDAM,, PIN - 685553
5 THE VILLAGE OFFICER
CHATHURANGAPPARA IDUKKI, PIN - 685554
6 DISTRICT COLLECTOR COLLECTORATE
KUYILIMALA, PAINAV P.O, IDUKKI, PIN - 685603
SRI.JAFARKHAN, SR.G.P
SRI.BIBIN KUMAR
THIS REVIEW PETITION WAS FINALLY HEARD ON 07.08.2025, THE
COURT ON 18.08.2025 PASSED THE FOLLOWING:
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R.P No.987 of 2025 2025:KER:61291
ORDER
Muralee Krishna, J.
This review petition is filed by a 3rd party to W.P.(C)No.20825
of 2024, under Order XLVII Rule 1 read with Section 114 of the
Code of Civil Procedure, 1908, seeking review of the judgment
dated 18.12.2024 passed in that writ petition.
2. W.P.(C)No.20825 of 2024 is filed by the 1 st respondent
herein under Article 226 of the Constitution of India, seeking a
writ of mandamus commanding respondents 3 and 4 to measure
and demarcate the property having an extent of 60.31 Ares in
survey No.63/1-2 and 14.97 Ares in survey No.39/183-1 of
Chathurangapara Village, claimed as obtained by him as per
Ext.P1 sale deed dated 28.08.1999 bearing No.2455/1999 of SRO
Udumbanchola. It is pleaded in the writ petition that during rainy
season, soil erosion happens in the locality of the property in
question, and in order to protect the land, construction of a
retaining wall is highly necessary. Though the 1 st respondent
approached the 3rd respondent Tahsildar, Taluk Office
Udumbanchola, with Ext.P4 application dated 03.12.2022 to
demarcate the boundary of the property, the demarcation is
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delayed without any reason or justification.
3. The relief sought in the writ petition was opposed by the
6th respondent District Collector, by filing a counter affidavit
wherein the main objection raised against demarcation of the
boundary of the property in question is that the field measurement
sketch of the land, for the purpose of measuring the property of
the 1st respondent, is unavailable. After considering the
submissions made at the Bar, and the materials on record and also
referring to various provisions under the Survey and Boundaries
Act, this Court disposed of the writ petition by the judgment dated
18.12.2024, directing the 2nd respondent - State of Kerala to
conduct the survey of the property of the 1 st respondent through
the concerned survey officials to demarcate the boundaries of the
property mentioned in Ext.P4 application dated 03.12.2022 and
further directed that the survey shall be completed within a period
of four months from the date of receipt of a certified copy of the
judgment and thereafter the 3rd respondent Tahsildar shall take a
decision on Ext.P4 application.
4. The petitioner states that his legal rights and interests
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are directly and substantially affected by the judgment dated
18.12.2024. It was based on the submission made by the 1 st
respondent/writ petitioner and the contesting respondents that
there exists no boundary dispute between the writ petitioner and
the neighbouring land owner, this Court passed the judgment.
However, the petitioner had filed Annexure A2 suit viz., O.S.No.14
of 2023 before the Munsiff Court, Devikulam, against the 1 st
respondent/writ petitioner, which concerns boundary issues
relating to the property involved in the writ petition. In the said
suit, the 1st respondent/writ petitioner has filed Annexure A4
written statement dated 16.10.2024. The learned Munsiff passed
Annexure A3 order dated 21.01.2023 in IA No.1 of 2023 granting
an ad interim injunction restraining the 1st respondent and others
from trespassing into the property schedule therein, taking
forceful possession thereof and from committing any waste or
mischief therein until further orders. It is suppressing these
aspects that the writ petition was filed by the 1 st respondent.
Moreover, the property claimed by the 1 st respondent falls in
survey No.63/1-2, which is already claimed as Government land
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as per Annexure A6 statement dated 24.06.2022 filed by the
Tahsildar(LR), Udumbanchola, in W.P.(C)No.18104 of 2022, which
is a writ petition filed by the review petitioner against the
Government. Neither the 1st respondent/writ petitioner nor the
other respondents disclosed this crucial fact before this Court in
the writ petition, which goes to the root of the matter.
5. This review petition is filed by the petitioner seeking
leave of the Court, and by the order dated 23.07.2025 in I.A.No.1
of 2025, leave was granted to the petitioner.
6. Heard the learned counsel for the petitioner, the learned
counsel for the 1st respondent/writ petitioner and the learned
Senior Government Pleader and perused the materials on record.
7. From Annexures A2 to A5 documents produced by the
review petitioner, it is evident that a civil suit is pending between
the petitioner and the 1st respondent/the writ petitioner before
the Munsiff Court, Devikulam. The suit was filed by the petitioner
against the 1st respondent/writ petitioner and others seeking a
decree of permanent prohibitory injunction restraining them from
trespassing into the plaint schedule property therein and from
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taking forceful possession of a portion of the property and from
committing any waste therein and doing any other act which may
disturb the peaceful enjoyment of the property by the petitioner.
In that Suit, an ad interim injunction was also granted by the civil
court against the 1st respondent/writ petitioner and others by
Annexure A3 order dated 21.01.2023. It is also evident from
Annexure A6 that another writ petition is filed by the review
petitioner before this Court, which according to him, is in respect
of the very same property.
8. The perusal of the materials on record would show that
the pleadings regarding the pendency of the civil dispute between
the petitioner and the 1st respondent/writ petitioner is
conspicuously absent in the writ petition. The review petitioner is
not made a party in the writ petition. Neither the 1 st
respondent/writ petitioner nor the remaining respondents brought
to the notice of this Court the pendency of a civil suit between the
review petitioner and the 1st respondent. While passing the
judgment dated 18.12.2024, this Court specifically noted that
relegating the parties to the civil court is not possible for
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demarcation of boundary, since there is no boundary dispute
between the 1st respondent/writ petitioner and his neighbours.
9. Having considered the submissions made at the Bar
and the materials placed on record along with this review petition,
conclusion is irresistible that the 1st respondent/writ petitioner
obtained the judgment dated 18.12.2024, by suppressing material
facts. In such circumstances, the judgment is liable to be recalled.
In the result, this review petition is allowed, and the
judgment dated 18.12.2024 passed in W.P.(C)No.20825 of 2024
is reviewed and recalled.
Registry to list W.P.(C)No.20825 of 2024 on
21.08.2025.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
sks
R.P No.987 of 2025 2025:KER:61291
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE JUDGMENT DATED
18.12.2024 IN WP(C) NO : 20825 OF 2024 OF THE
HON'BLE KERALA HIGH COURT
Annexure A2 A TRUE PHOTOCOPY OF THE PLAINT IN OS 14/2023
PENDING BEFORE THE MUNSIFF'S COURT,
DEVIKULAM,
Annexure A3 A TRUE PHOTOCOPY OF THE ORDER DATED
21.01.2023 IN IA NO 1/2023 IN OS 14/2023 OF
THE MUNSIFF'S COURT, DEVIKULAM
Annexure A4 A TRUE PHOTOCOPY OF THE WRITTEN STATEMENT IN
OS 14/2023 FILED BY THE 1ST DEFENDANT
Annexure A5 TRUE PHOTOCOPY OF THE PROCEEDINGS IN OS
14/2023 OF THE MUNSIFF'S COURT, DEVIKULAM
Annexure A6 A TRUE PHOTOCOPY OF THE STATEMENT DATED
24.06.2022 FILED BY THE TAHSILDAR (LR),
UDUMBANCHOLA
Annexure A7 A TRUE PHOTOCOPY OF THE PHOTOGRAPHS
