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Kerala High Court
Viju Varghese vs Tahsildar(Land Records) on 18 December, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
W.A.No.395 of 2024 &
W.P.(C) No.20543 of 2024
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2025:KER:98177
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
WA NO. 395 OF 2024
AGAINST THE JUDGMENT DATED 20.09.2023 IN WP(C) NO.39863 OF
2015 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 K.V. PAULOSE
AGED 88 YEARS
S/O. VARGHESE, KALLUNGAL HOUSE, CHELAD P.O., (VIA)
KOTHAMANGALAM, PIN - 686681
2 VIJU PAULOSE
AGED 58 YEARS
, S/O. K.V.PAULOSE, KALLUNGAL HOUSE, CHELAD P.O., (VIA)
KOTHAMANGALAM, PIN - 686681
BY ADV DR.GEORGE ABRAHAM
RESPONDENTS/RESPONDENTS:
1 TALUK LAND BOARD
DEVIKULAM, REPRESENTED BY ITS CHAIRMAN, REVENUE
DIVISIONAL OFFICE, DEVIKULAM, IDUKKI DISTRICT, PIN -
685613
2 REVENUE DIVISIONAL OFFICER,
REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI DISTRICT,
PIN - 685613
W.A.No.395 of 2024 &
W.P.(C) No.20543 of 2024
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2025:KER:98177
3 TAHSILDAR,
TALUK OFFICE, KOTHAMANGALAM, PIN - 686691
4 VILLAGE OFFICER,
KEERAMPARA, KOTHAMANGALAM, PIN - 686681
ADDL.R5 VIJU VARGHESE,
S/O VARGHESE, AGED 56 YEARS, MOOZHICKAL HOUSE, PALAMATTAM
P.O, KOTHAMANAGALAM , KOTHAMANGALAM TALUK, ERNAKULAM
DISTRICT - 686 681
IS IMPLEADED AS ADDL R5 AS PER ORDER DTD 5/6/24 IN IA
2/24 IN WA 395/24.
BY ADV SHRI.THOMAS VARGHESE
OTHER PRESENT:
SRI K R RANJITH, SPL.GP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18.12.2025, ALONG
WITH WP(C).20543/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.395 of 2024 &
W.P.(C) No.20543 of 2024
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2025:KER:98177
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
WP(C) NO. 20543 OF 2024
PETITIONER:
VIJU VARGHESE
AGED 56 YEARS
S/O VARGHESE, AGED 56 YEARS, MOOZHICKAL HOUSE, PALAMATTAM
P.O, KOTHAMANAGALAM, KOTHAMANGALAM TALUK. ERNAKULAM
DISTRICT, PIN - 686681
BY ADV SHRI.THOMAS VARGHESE
RESPONDENTS:
1 TAHSILDAR(LAND RECORDS)
TALUK OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT., PIN -
686691
2 VILLAGE OFFICER
VILLAGE OFFICE, KEERAMPARA, KOTHAMANGALAM, ERNAKULAM
DISTRICT., PIN - 686661
3 TALUK LAND BOARD
DEVIKULAM, REPRESENTED BY ITS CHAIRMAN, REVENUE
DIVISIONAL OFFICE, DEVIKULAM, IDUKKI DISTRICT., PIN -
685613
4 REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, DEVIKULAM, IDUKKI., PIN -
685613
W.A.No.395 of 2024 &
W.P.(C) No.20543 of 2024
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2025:KER:98177
5 K.V. POULOSE
S/O. VARGHESE, KALLUNGAL HOUSE, CHELAD P.O., (VIA)
KOTHAMANGALAM, ERNAKULAM DISTRICT., PIN - 686681
6 VIJU PAULOSE
S/O. K.V.PAULOSE, KALLUNGAL HOUSE, CHELAD P.O, (VIA)
KOTHAMANGALAM, ERNAKULAM DISTRICT., PIN - 686681
BY ADVS.
DR.GEORGE ABRAHAM
SMT.MARY CATHERINE PRIYANKA P.S.
SHRI.EBEE ANTONY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.12.2025, ALONG WITH WA.395/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A.No.395 of 2024 &
W.P.(C) No.20543 of 2024
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A.MUHAMED MUSTAQUE,
&
HARISANKAR V. MENON, JJ.
-------------------
W.A.No.395 of 2024 & W.P.(C) No.20543 of 2024
---------------------------
Dated this the 18th day of December, 2025
JUDGMENT
A.Muhamed Mustaque,J.
The dispute in these matters is simple.
2. The 1st appellant, K.V.Paulose in W.A.No.395/2024
surrendered 8.41.250 Acres of land pursuant to the Ceiling
proceedings. Now, an order has been issued by the Sub Collector,
Devikulam stating that there is a deficit in the land surrendered. In
what manner and on what basis the deficit is found, is not disclosed.
If there is a deficit, it has to be measured and surveyed in the
presence of the appellants with reference to the Mahazar. The 1 st
appellant also need to be conveyed that there was a deficit in the
land surrendered by him. It is appropriate to direct the Sub
Collector, in the presence of the District Surveyor, to measure the
property surrendered originally by the 1 st appellant and to ascertain
W.A.No.395 of 2024 &
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whether there is any deficit or not. However, pursuant to the
impugned proceedings, no further action shall be initiated unless and
until such a survey is conducted in the presence of the appellants.
Therefore, all the proceedings, if any, pursuant to Ext.P5 shall be
stayed and any action based the survey shall be undertaken only
after giving due notice to the appellants. Therefore, all the
proceedings earlier ordered for taking steps to recover land are
hereby deferred and it is made clear that any further proceedings
may be initiated only upon passing fresh orders based on survey,
with reference to Mahazar and after hearing the objections of the
appellants.
3. The W.P.(C) No.20543/2024 is filed challenging the
proceedings consequent upon initiating proceedings against
Sri.K.V.Paulose, 1st appellant in the writ appeal. Any proceedings
against the writ petitioner shall be initiated only based on the
outcome of such orders to be passed, pursuant to the directions in
this writ appeal. There shall be a direction to the Revenue Authority
to accept the land tax of the writ petitioner in W.P.(C)
No.20543/2024, subject to the outcome of the proceedings of the
W.A.No.395 of 2024 &
2025:KER:98177
Sub Collector, Devikulam. Entire proceedings shall be concluded
within three months from the date of receipt of a copy of this
judgment.
W.A.No.395 of 2024 and W.P.(C) No.20543/2024 is
disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
bng
W.A.No.395 of 2024 &
2025:KER:98177
APPENDIX OF WA NO. 395 OF 2024
PETITIONER ANNEXURES
ANNEXURE A A COPY OF THE PROPERTY OF THE 1ST APPELLANT
DATED 14/1/1998
ANNEXURE B A COPY OF THE PROCEEDINGS OF THE TALUK LAND
BOARD DATED 24/4/1976
ANNEXURE C A COPY OF THE JUDGMENT IN CRP NO. 2610/1976
DATED 8/11/1977 ALONG WITH TYPED COPY
ANNEXURE D A COPY OF THE DRAFT COMPENSATION ROLL IN FORM
1A
ANNEXURE D1 A COPY OF THE NOTICE DATED 8/3/1982 ASKING THE
PETITIONER TO RECEIVE THE COMPENSATION
ANNEXURE D2 ENGLISH TRANSLATION OF ANNEXURE-D1
ANNEXURE E A COPY OF THE PLAN PREPARED BY THE 1ST
APPELLANT THROUGH HIS SURVEYOR
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE CONSENT STATEMENT PREFERRED
BY THE 1ST APPELLANT
EXHIBIT R1(B) TRUE COPY OF THE ORDER DATED 23.03.2024
W.A.No.395 of 2024 &
2025:KER:98177
APPENDIX OF WP(C) NO. 20543 OF 2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE REGISTERED SALE DEED NO. 5080
OF 2014 EXECUTED ON 30.10.2014 OF KOTHAMANGALAM
SUB REGISTRAR OFFICE.
EXHIBIT P2 THE TRUE COPY OF LAND TAX RECEIPT ISSUED BY THE
2ND RESPONDENT DATED 15.12.2014.
EXHIBIT P3 THE TRUE COPY OF REPRESENTATION SUBMITTED BY
PETITIONER BEFORE 1ST RESPONDENT DATED 12.07.2021.
EXHIBIT P4 THE TRUE COPY OF COMMUNICATION ISSUED BY 1ST
RESPONDENT DATED 27.10.2023.
EXHIBIT P5 THE TRUE COPY OF ORDER ISSUED BY 4TH RESPONDENT
DATED 31.07.2015.
EXHIBIT P6 THE TRUE COPY OF THANDAPER REGISTER OF 6TH
RESPONDENT VIDE THANDAPER NO. 3800 OF KEERAMPARA
VILLAGE, ISSUED ON 09.08.2021.
EXHIBIT P7 THE TRUE COPY OF THE JUDGEMENT OF HON'BLE HIGH
COURT OF KERALA IN WP(C). NO. 39863/2015, DATED
20.09.2023.
EXHIBIT P8 THE TRUE COPY OF THE JUDGEMENT OF HON'BLE HIGH
COURT OF KERALA IN W.P.(C). NO. 6742/2015 DATED
28.03.2016.
EXHIBIT P9 THE TRUE COPY OF THE JUDGEMENT OF HON'BLE HIGH
COURT OF KERALA IN W.P.(C). NO. 41683 OF 2022
DATED 22.02.2023.
