Noby John vs State Of Kerala
2026 Latest Caselaw 2778 Ker

Kerala High Court

Noby John vs State Of Kerala on 10 April, 2026

W,P.(C) Nos.15063 & 15107 of 2026



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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    FRIDAY, THE 10TH DAY OF APRIL 2026 / 20TH CHAITHRA, 1948

                          WP(C) NO. 15063 OF 2026

PETITIONER:

             NOBY JOHN
             AGED 60 YEARS
             S/O. P.T. JOHN, PATHIPPILLIL HOUSE,
             RAJAKKAD P.O., IDUKKI, PIN - 685566


             BY ADVS.
             SRI.MATHEW KURIAKOSE
             SRI.J.KRISHNAKUMAR (ADOOR)
             SRI.T.G.SUNIL (PERUMBAVOOR)
             SHRI.C.N.PRAKASH
             SHRI.MONI GEORGE
             SHRI.ARUN.S.
             SMT.PREETHU JAGATHY




RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY,
             DEPARTMENT OF REVENUE,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
 W,P.(C) Nos.15063 & 15107 of 2026



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      2      THE DISTRICT COLLECTOR
             IDUKKI, CIVIL STATION, PAINAVU,
             IDUKKI, PIN - 685603

      3      THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
             DEVIKULAM POST OFFICE IDUKKI, PIN - 685613

      4      THE TAHSILDAR (LR)
             UDUMBANCHOLA TALUK, TALUK OFFICE, UDUMBANCHOLA,
             NEDUMKANDAM P.O, IDUKKI, PIN - 68556

      5      THE VILLAGE OFFICER
             RAJAKKAD, VILLAGE OFFICE, RAJAKKAD, RAJAKKAD P.O.,
             IDUKKI, PIN - 685566

      6      SUPERINTENDENT OF SURVEY AND LAND RECORDS (LA),
             RAJAKKAD, OFFICE OF THE SURVEY SUPERINTENDENT LA,
             RAJAKKAD IDUKKI, PIN - 685566

      7      ASSISTANT CARDAMOM SETTLEMENT OFFICER
             ASCO OFFICE, KUMALY, IDUKKI DISTRICT, PIN - 685509




             BY ADV.
             SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.04.2026, ALONG WITH WP(C).15107/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W,P.(C) Nos.15063 & 15107 of 2026



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                                                    2026:KER:32572


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    FRIDAY, THE 10TH DAY OF APRIL 2026 / 20TH CHAITHRA, 1948

                          WP(C) NO. 15107 OF 2026

PETITIONER:

             TITTO
             AGED 57 YEARS
             S/O. P.T. JOHN, PATHIPPILLIL HOUSE, RAJAKKAD P.O.,
             IDUKKI DISTRICT REPRESENTED BY HIS BROTHER AND POWER
             OF ATTORNEY HOLDER MANI P.J., AGED 72, S/O.JOHN,
             PATHIPPILLIL HOUSE, THINKALKADU, MUNIYARA P.O.,
             KONNATHADI VILLAGE,
             IDUKKI TALUK, IDUKKI, PIN - 685571


             BY ADVS.
             SRI.MATHEW KURIAKOSE
             SRI.J.KRISHNAKUMAR (ADOOR)
             SRI.T.G.SUNIL (PERUMBAVOOR)
             SHRI.C.N.PRAKASH
             SHRI.MONI GEORGE
             SHRI.ARUN.S.
             SMT.PREETHU JAGATHY




RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY,
             DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
 W,P.(C) Nos.15063 & 15107 of 2026



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      2      THE DISTRICT COLLECTOR
             IDUKKI, CIVIL STATION, PAINAVU,
             IDUKKI DISTRICT, PIN - 685603

      3      THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
             THE REVENUE DIVISIONAL OFFICE DEVIKULAM CIRCLE ROAD
             DEVIKULAM TALUK IDUKKI, PIN - 685613

      4      THE TAHSILDAR (LR)
             UDUMBANCHOLA TALUK, TALUK OFFICE, UDUMBANCHOLA,
             NEDUMKANDAM P.O, IDUKKI, PIN - 685563

      5      THE VILLAGE OFFICER
             RAJAKKAD, VILLAGE OFFICE, RAJAKKAD, RAJAKKAD P.O.,
             IDUKKI, PIN - 685566

      6      SUPERINTENDENT OF SURVEY AND LAND RECORDS (LA),
             RAJAKKAD, OFFICE OF THE SURVEY SUPERINTENDENT LA,
             RAJAKKAD, IDUKKI DISTRICT, PIN - 685566

      7      ASSISTANT CARDAMOM SETTLEMENT OFFICER,
             ASCO OFFICE, KUMALY, IDUKKI DISTRICT, PIN - 685509



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.04.2026, ALONG WITH WP(C).15063/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W,P.(C) Nos.15063 & 15107 of 2026



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                                        JUDGMENT

In both these cases, the respective petitioners, who are

brothers, are aggrieved by the fact that their representation

preferred before the 6th respondent/Survey Superintendent has

not been considered and acted upon. Learned counsel for the

petitioners would point out that the three persons affected,

have preferred a joint representation, which is produced at

Ext.P13 in W.P.(C) No.15063/2026 and Ext.P10 in W.P.(C)

No.15107/2026. Essentially, the respective petitioners seek

their property to be treated as private land, as distinguished

from Kuthakapattam land. The petitioners apprehend that once

the digital survey is completed, recourse to such further

remedy, as per law, will have to be made to rectify the

mistake. If the mistake could be rectified now, the same would

be of considerable advantage to petitioners, as also, to the

respondent authorities, inasmuch as a mistake in the digital

survey can also be averted.

W,P.(C) Nos.15063 & 15107 of 2026

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2. Having heard the learned counsel for the petitioners and

the learned Government Pleader on behalf of respondents, this

Court directs the 6th respondent/Survey Superintendent to

consider the representation made mention of above, in

accordance with law, expeditiously, at any rate, within a

period of one month from the date of receipt of a copy of this

judgment. Until such time, the finalisation of the digital

survey proceedings with respect to survey nos.7 and 5 in Block

No.179 and survey no.120 in Block No.180, both of Rajakkad

Village shall not be done. It is clarified all proceedings

other than the final publication can proceed with and all what

is restrained is the fiinal publication of the digital survey

proceedings, until the representation is considered as directed

above. Petitioners will produce a copy of the judgment before

the 6th respondent, for compliance.

These Writ Petitions will stand disposed of, as above.

Sd/-

C. JAYACHANDRAN, JUDGE ww W,P.(C) Nos.15063 & 15107 of 2026

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APPENDIX OF WP(C) NO. 15063 OF 2026

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PATTA NO.

LA/AL/RJKY/RKD/2016/107/16 DATED 19.08.2016 ISSUED BY THE SPECIAL TAHSILDAR (LA), RAJAKUMARI TO JOLLY JOSEPH EXHIBIT P2 TRUE COPY OF THE PATTA NO.

LA/AL/RJKY/RKD/2016/106/16 DATED 19.08.2016 ISSUED BY THE SPECIAL TAHSILDAR (LA), RAJAKUMARI TO JOLLY JOSEPH EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE SALE DEED NO. 787/2017 DATED 08.06.2017 OF S.R.O. RAJAKUMARI EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE SALE DEED NO. 1801/2018 DATED 07.12.2018 OF S.R.O. RAJAKUMARI EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE SALE DEED NO. 1683/2016 DATED 22.12.2016 OF S.R.O. RAJAKUMARI EXHIBIT P6 TRUE COPY OF THE LAND REGISTER (DRAFT) IN RESPECT OF THE PROPERTY IN RE. SY. NO. 359/3 IN BLOCK NO.27 CORRESPONDING TO DIGITAL SURVEY NO.7 IN BLOCK NO. 179 OF RAJAKKAD VILLAGE EXHIBIT P7 TRUE COPY OF THE LAND REGISTER (DRAFT) IN RESPECT OF THE PROPERTY IN RE. SY. NO.S

CORRESPONDING TO DIGITAL SURVEY NO. 5 IN BLOCK NO. 179 OF RAJAKKAD VILLAGE EXHIBIT P8 TRUE COPY OF THE REVISED LAND REGISTER (DRAFT) OF DIGITAL SURVEY NO. 7 IN BLOCK NO.179 OF RAJAKKAD VILLAGE EXHIBIT P9 TRUE COPY OF THE LAND REGISTER (DRAFT) OF DIGITAL SURVEY NO.5 IN BLOCK NO.179 OF RAJAKKAD VILLAGE EXHIBIT P10 TRUE COPY OF THE DIGITAL SURVEY MAP OF DIGITAL SURVEY NO.5 IN BLOCK NO.179 OF RAJAKKAD VILLAGE W,P.(C) Nos.15063 & 15107 of 2026

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EXHIBIT P11 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21.05.2025 ISSUED BY THE VILLAGE OFFICE RAJAKKAD TO THE PETITIONER IN RESPECT OF PROPERTY IN RE. SY. NO. 359/3, 359/9 AND 368/7 IN BLOCK NO. 27 OF RAJAKKAD VILLAGE EXHIBIT P12 TRUE COPY OF THE BASIC TAX RECEIPT DATED 21.05.2025 ISSUED BY THE VILLAGE OFFICE RAJAKKAD TO THE PETITIONER IN RESPECT OF PROPERTY IN RE. SY. NO. 359/4 IN BLOCK NO. 27 OF RAJAKKAD VILLAGE EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 21.08.2024 SUBMITTED BY THE PETITIONER ALONG WITH HIS BROTHER AND BROTHER'S WIFE TO RESPONDENT NO.6 EXHIBIT P14 TRUE COPY OF THE COMMUNICATION 23.08.2024 ISSUED BY THE RESPONDENT NO. 6 TO RESPONDENT NO.7 EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED

TO RESPONDENT NO.5 EXHIBIT P16 TRUE COPY OF REPORT DATED 13.09.2024 SUBMITTED BY RESPONDENT NO. 5 TO RESPONDENT NO.7 EXHIBIT P17 TRUE COPY OF THE COMMUNICATION DATED 24.09.2024 ISSUED BY RESPONDENT NO. 7 TO RESPONDENT NO.6 W,P.(C) Nos.15063 & 15107 of 2026

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APPENDIX OF WP(C) NO. 15107 OF 2026

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PATTA NO.

LA/AL/RJKY/RKD/2016/103/16 DATED 19.08.2016 ISSUED BY THE SPECIAL TAHSILDAR (LA), RAJAKUMARI TO LEELAMMA JOSEPH EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF THE SETTLEMENT DEED NO.1687/2016 DATED 23.12.2016 OF S.R.O. RAJAKUMARI EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE SETTLEMENT DEED NO.984/2017 DATED 27.07.2017 OF SRO RAJAKUMARI EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 12.10.2020 ISSUED BY THE TAHSILDAR (LR), UDUMBANCHOLA EXHIBIT P5 TRUE COPY OF THE LAND REGISTER (DRAFT) IN RESPECT OF THE PETITIONER'S PROPERTY IN

CORRESPONDING TO DIGITAL SURVEY NO. 120 IN BLOCK NO. 180 OF RAJAKKAD VILLAGE EXHIBIT P6 TRUE COPY OF THE REVISED LAND REGISTER (DRAFT) OF DIGITAL SURVEY NO. 120 IN BLOCK NO. 180 OF RAJAKKAD VILLAGE EXHIBIT P7 TRUE COPY OF THE DIGITAL SURVEY MAP OF DIGITAL SURVEY NO. 5 IN BLOCK NO.179 OF RAJAKKAD VILLAGE EXHIBIT P8 TRUE COPY OF THE THANDAPPER ACCOUNT NO.

2808 DATED 01.06.2024 ISSUED BY THE VILLAGE OFFICE RAJAKKAD TO THE PETITIONER IN RESPECT OF PROPERTY IN RE. SY. NO. 357/35-2 IN BLOCK NO. 27 OF RAJAKKAD VILLAGE EXHIBIT P9 TRUE COPY OF THE BASIC TAX RECEIPT DATED 30.04.2025 ISSUED BY THE VILLAGE OFFICE RAJAKKAD TO THE PETITIONER IN RESPECT OF PROPERTY IN RE. SY. NO. 357/35-2 IN BLOCK NO. 27 OF RAJAKKAD VILLAGE.

W,P.(C) Nos.15063 & 15107 of 2026

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EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 21.08.2024 SUBMITTED BY THE PETITIONER AND HIS WIFE ALONG WITH HIS BROTHER TO

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION 23.08.2024 ISSUED BY THE RESPONDENT NO. 6 TO

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED

EXHIBIT P13 TRUE COPY OF REPORT DATED 13.09.2024 SUBMITTED BY RESPONDENT NO. 5 TO

EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 24.09.2024 ISSUED BY RESPONDENT NO. 7 TO

EXHIBIT P15 TRUE COPY OF THE POWER OF ATTORNEY DATED 05.11.2020 EXECUTED BY THE PETITIONER, TITTO JOHN IN FAVOUER OF HIS BROTHER MANI P.J.