Kerala High Court
T.C. Skaria vs The Village Officer on 19 September, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
W.P.(C)No.7689 of 2024
2025:KER:70383
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
FRIDAY, THE 19TH DAY OF SEPTEMBER 2025 / 28TH BHADRA, 1947
WP(C) NO. 7689 OF 2024
PETITIONER:
T.C. SKARIA
AGED 69 YEARS
S/O T.C. CHACKO , PASTOR IN CHARGE RESIDING AT
PENTECOSTAL MISSION SOCIETY, POOPARA, BODIMETTU ROAD,
SANTHANPARA, DIST. IDUKKI, PIN - 685619
BY ADVS.
SHRI.R.MAHESH (KOTTAPPURAM)
SRI.MURUKESH REGHU
SRI.ENOCH DAVID SIMON JOEL
SRI.S.SREEDEV
SRI.RONY JOSE
SHRI.LEO LUKOSE
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SHRI.DERICK MATHAI SAJI
SHRI.KARAN SCARIA ABRAHAM
RESPONDENTS:
1 THE VILLAGE OFFICER
POOPARA VILLAGE, BODIMETTU ROAD, UDUMBANCHOLA TALUK,
SANTHANPARA, DIST. IDUKKI, PIN - 685619
2 THE TAHASILDAR
TALUK OFFICE, UDUMBANCHOLA TALUK, UDUMBANCHOLA, DIST.
IDUKKI., PIN - 685619
3 THE DISTRICT COLLECTOR
2
W.P.(C)No.7689 of 2024
2025:KER:70383
IDUKKI DISTRICT, PAINAVU, IDUKKI., PIN - 685603
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
5 THE EXECUTIVE OFFICER
SANTHANPARA PANCHAYATH, UDUMBANCHOLA TALUK, DIST.
IDUKKI., PIN - 685554
6 THE DIRECTOR OF SURVEY AND LAND
RECORDS, GOVT. OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
BY ADV SHRI.JOICE GEORGE, SC, SANTHANPARA GRAMA
PANCHAYAT
SRI.ASHWIN SETHUMADHAVAN, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.09.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
W.P.(C)No.7689 of 2024
2025:KER:70383
JUDGMENT
Muralee Krishna, J.
This writ petition is filed by the petitioner under Article 226
of the Constitution of India seeking the following reliefs:
"(i). Issue a Writ of Certiorari or any other appropriate Writ
calling for the records of the case leading to Exhibit-P7 and
quash the same to the extent it include the land possessed
by petitioner church also in the list of Government land
alleged to have been encroached upon by encroachers.
(ii). Issue a Writ of Mandamus or any other appropriate Writ
order of direction directing respondents 4 and 6 to produce
the details of land leased out in favour of Harison Malayalam
Ltd".
2. Going by the averments in the writ petition, the petitioner
is the Pastor in charge of Pentacostal Mission Society ('Mission
Society' in short), Poopara, in which 159 member worshipers are
assembling to offer prayers. The Mission Society possesses 30
cents of land in survey No.165/2 in Block 13 of Poopara Village,
transferred by one Joseph Thomas about 34 years ago, who is a
sub-lessee of Harison Malayalam Ltd, which is the original lease
holder under the Government of Kerala. The Pentacostal Mission
constructed a church building bearing No.V/137 in the property.
2025:KER:70383
When it came to the knowledge of the petitioner that, at the
instance of the District Collector, eviction of encroachers on
Government land is about to be initiated, he submitted Ext.P5
representation dated 15.02.2024 before the Revenue Minister,
highlighting the right of the petitioner church. The petitioner
church is not enlisted in Ext.P6 list dated 16.12.2023 issued by
the Tahsildar of Udumbanchola enlisting the alleged encroachers
on Government land. Subsequently, Ext.P7 list dated 05.01.2024
was issued by the Tahsildar, Udumbanchola, arbitrarily including
the petitioner also as an encroacher of Government land. From the
letter dated 27.06.2022 issued by Harison Malayalam Ltd., it is
clear that the Mission Society holds the land in the capacity of user
of land under Harison Malayalam Ltd, the original lessee of the
land. With these pleadings, the petitioner filed the writ petition.
3. The 2nd respondent, Tahsildar, Udumbanchola, filed a
counter affidavit dated 07.05.2024 opposing the relief sought in
the writ petition. To that counter affidavit, the petitioner filed a
reply affidavit dated 29.06.2024, producing therewith Exts.P12
and P13 documents.
2025:KER:70383
4. Heard the learned counsel for the petitioner and the
learned Senior Government Pleader.
5. During the course of arguments, the learned counsel for
the petitioner, as well as the learned Senior Government Pleader,
would submit that as per Section 16 of the Kerala Land
Conservancy Act, 1957 ( the 'Act' in short), the order under
challenge in this writ petition is appealable before the Revenue
Divisional Officer concerned.
6. The petitioner is challenging Ext.P7 dated 05.01.2024
of the 2nd respondent Tahsildar, passed under the provisions of the
Kerala Land Conservancy Act and Rules. Section 16 of the Act,
which provides recourse against the said order, reads thus:
"Appeal and revision.
(1) Any person aggrieved by any decision or order under this
Act of any officer authorised under Section 15 may appeal,-
(a) where such officer is the Revenue Divisional Officer, to
the Collector:
Provided that no such appeal shall lie in any case where the
order is passed by the Revenue Divisional Officer on appeal
under clause (b); and
2025:KER:70383
(b) in all other cases, to the Revenue Divisional Officer, and
the Collector or the Revenue Divisional Officer, as the case
may be, may pass such order on the appeal as he thinks fit.
(2) The Collector may either suo motu or on application
revise any decision made or order passed under this Act by
any officer authorised under Section 15:
Provided that where such officer is the Revenue Divisional
Officer, the Collector shall not on application revise any
decision made or order passed otherwise than on appeal:
Provided further that the Collector shall not revise any
decision or order if an appeal against such decision or order
is pending or if the time for preferring appeal, if any, against
such decision or order has not expired.
(3) Any person aggrieved by any decision or order of the
Collector under this Act (otherwise than on appeal or
revision) may appeal to the Board of Revenue, and the Board
of Revenue may pass such order on the appeal as it thinks
fit.
(4) The Commissioner of Land Revenue may either Suo
motu or on application revise any order passed by the
Collector on appeal.
(5) The Government may either Suo motu or on application
revise any order passed by the Commissioner of Land
Revenue on appeal.
(6) No order shall be passed under sub-section (1) or sub-
section (2) or sub-section (3) or sub-section (4) or sub-
section (5) without giving the party who may be affected
2025:KER:70383
thereby an opportunity of being heard.
(7) Pending disposal of any appeal or revision under this
Act, the appellate authority or the revising authority, as the
case may be, may suspend the execution of the decision or
order appealed against or sought to be revised".
7. In view of an equal efficacious remedy being provided
against the order under challenge in this writ petition, as discussed
above, we deem it appropriate to dispose of this writ petition
granting liberty to the petitioner to raise his grievance before the
statutory authority concerned.
In the result, this writ petition is disposed of, without
expressing anything on the legal and factual contentions raised by
the parties, granting liberty to the petitioner to challenge Ext.P7
order dated 05.01.2024 before the Revenue Divisional Officer,
Idukki, by filing a statutory appeal as provided under Section 16
of the Act, within a period of two weeks from the date of receipt
of a copy of this judgment. In case the petitioner chooses to file
such an appeal, the Revenue Divisional Officer, Idukki, shall pass
appropriate orders in that appeal, in accordance with law, after
granting the petitioner an opportunity to put forward all his
2025:KER:70383
contentions, as expeditiously as possible, at any rate, within a
period of four months from the date of filing of the appeal.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
2025:KER:70383
APPENDIX OF WP(C) 7689/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE BRANCH CERTIFICATE
IN RESPECT OF THE PENTACOSTAL MISSION
Exhibit P2 A TRUE PHOTOCOPY OF POSSESSION CERTIFICATE
NO. 194/99 DATED 4-4-1999
Exhibit P3 A TRUE PHOTOCOPY OF BUILDING TAX RECEIPT
DATED 2-10-91 ISSUED BY SANTHANPARA
PANCHAYATH
Exhibit P4 A TRUE PHOTOCOPY OF RECEIPT DATED 28-1-2013
ISSUED BY KERALA STATE ELECTRICITY BOARD
Exhibit P5 A TRUE PHOTOCOPY OF REPRESENTATION DATED 15-
2-2024 SUBMITTED BEFORE THE REVENUE MINISTER
BY THE PETITIONER
Exhibit P6 A TRUE PHOTOCOPY OF LETTER DATED 16-12-2023
ISSUED BY UDUMBANCHOLA TAHASILDAR
Exhibit P7 A TRUE PHOTOCOPY OF LIST DATED 5-1-2024
ISSUED BY TAHASILDAR UDUMBANCHOLA
Exhibit P8 A TRUE PHOTOCOPY OF LETTER DATED 27-6-2022
ISSUED BY HARISON MALAYALAM LTD
Exhibit P9 A PHOTO PRINT EVIDENCING THE PRAYER HALL OF
THE PETITIONER
Exhibit P10 A PHOTOCOPY OF REPRESENTATION DATED 4-4-2024
TO THE TAHASILDLAR, NEDUMKANDAM
Exhibit P11 A PHOTOCOPY OF THE MASS PETITION DATED 4-4-
2024 SENT TO THE COMMISSIONER OF LAND REVENUE
BY THE MISSION MEMBERS
Exhibit P12 True copy of the survey plan of Block 13 in
Poopara Village of Udumbanchola Taluk of
Idukki District.
Exhibit P13 True copy of the judgment dated 09.07.2019
in WP(C) No. 16039/2019 on the files of this
Hon'ble Court.
