[Cites 1, Cited by 0]
Kerala High Court
Biju Augustine vs State Of Kerala on 31 March, 2026
W,P(C) No.2306 of 2025
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2026:KER:28783
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948
WP(C) NO. 2306 OF 2025
PETITIONERS:
1 BIJU AUGUSTINE
AGED 50 YEARS
S/O AUGUSTINE, KURISU VEETTIL HOUSE,
CHERANALLUR P O, ERNAKULAM, PIN - 682034
2 LIJI POPPAN
AGED 53 YEARS
D/O OF AUGUSTINE, KURISU VEETTIL HOUSE,
CHERANALLUR P O, ERNAKULAM,
PRESENTLY RESIDING AT OLATTUPURATHU HOUSE, OLANADU,
VARAPUZHA P.O., KOONAMMAVU, ERNAKULAM, PIN - 683517
BY ADV SHRI.K.C.VINCENT
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682030
3 THE TAHSILDAR
TALUK OFFICE, KANAYANNUR, ERNAKULAM, PIN - 682011
4 THE VILLAGE OFFICER
CHERANALLUR VILLAGE OFFICE, CHERANALLUR,
ERNAKULAM, PIN - 682034
W,P(C) No.2306 of 2025
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5 THOMSON JOSE P.P.
S/O PETER, PAZHAYAKATTU (H), PALLURUTHY, ERNAKULAM,
PIN - 562006
6 JASMINE P.P.
W/O K.X. JACOB, KUKUTHUMPARAMBIL (H), PALLURUTHY,
ERNAKULAM, PIN - 682006
7 SUMAM BIJOY
W/O BIJOY FRANCIS, PATTALATH (H), KANNAMALY,
KATTIPARAMBU, ERNAKULAM, PIN - 682008
8 GEORGE V.A.
S/O ANTONY, VAZHAPILLY (H), CHERANALLOOR, ERNAKULAM,
PIN - 682034
9 CICILY
W/O JOSEPH PIUS, VAZHAPILLY (H), CHERANALLOOR,
ERNAKULAM, PIN - 682034
10 ASHWIN ANTONY
S/O JOSEPH PIUS, VAZHAPILLY (H), CHERANALLOOR,
ERNAKULAM, PIN - 682034
11 ANN MARIA SARA
D/O JOSEPH PIUS, VAZHAPILLY (H), CHERANALLOOR,
ERNAKULAM, PIN - 682034
BY ADVS.
SHRI.ALEX ANTONY SEBASTIAN P.A.
SRI.M.L.SURESH KUMAR
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W,P(C) No.2306 of 2025
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JUDGMENT
Ext.P4 is a revision preferred by the petitioners under
Section 13A of the Survey and Boundaries Act. Petitioners seek
the same to be considered, in accordance with law, by the 2 nd
respondent/District Collector, expeditiously.
2. Having heard the learned counsel appearing for the
respective parties, this Court directs the
2nd respondent/District Collector to consider Ext.P4, in
accordance with law, expeditiously, at any rate, within a
period of four months from the date of receipt of a copy of
this judgment. Petitioners will produce a copy of this judgment
before the 2nd respondent, for compliance. Needless to say that
the petitioner, as also, all the affected parties, including
respondents 5 to 11, will be afforded with an opportunity of
being heard before taking a call in Ext.P4.
This Writ Petition will stand allowed, as indicated above.
Sd/-
C. JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) NO. 2306 OF 2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED
28.11.2024 IN THE NAME OF 1ST PETITIONER
EXHIBIT P2 A TRUE COPY OF THE TAX RECEIPT DATED
28.11.2024 IN THE NAME OF THE PETITIONERS
AND THEIR SIBLINGS
EXHIBIT P3 A TRUE COPY OF THE TAX RECEIPT DATED
13.01.2025 IN THE NAME OF AUGUSTINE, THE
LATE FATHER OF THE PETITIONERS
EXHIBIT P4 A TRUE COPY OF THE REVISION PETITION DATED
14.01.2025 SUBMITTED BY THE PETITIONERS
AND THEIR SIBLINGS BEFORE THE 2ND
RESPONDENT WITH RECEIPT
EXHIBIT P5 A TRUE COPY OF THE PARTITION DEED
NO.4065/1985 DATED 28-11-1985 OF S.R.O.
ERNAKULAM
RESPONDENT EXHIBITS
EXHIBIT R5(1) THE TRUE COPY OF THE FEES PAID RECEIPT
DATED 12/2/2025 ISSUED BY THE INFORMATION
OFFICER, RE- SURVEY OFFICE
EXHIBIT R5(2) THE TRUE COPY OF THE COVERING LETTER
ISSUED BY THE INFORMATION OFFICER, RE-
SURVEY OFFICER, DATED 14/2/2025
EXHIBIT R5(3) THE TRUE COPY OF THE APPEAL FILED BY K.P
AUGUSTINE BEFORE RE- SURVEY ASSISTANT
DIRECTOR, THRIKAKARA, KAKKANADU DATED
27/7/1994 WHICH RECEIVED BY THIS
RESPONDENT AS PER RIGHT TO INFORMATION ACT
EXHIBIT R5(4) THE TRUE COPY OF THE APPEAL FILED BY K.P
CELIN BEFORE RE- SURVEY ASSISTANT
DIRECTOR, THRIKAKARA, KAKKANADU DATED
27/7/1994 WHICH RECEIVED BY THIS
RESPONDENT AS PER RIGHT TO INFORMATION ACT
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EXHIBIT R5(5) THE TRUE COPY OF THE APPEAL FILED BY
K.P .PETER BEFORE RE- SURVEY ASSISTANT
DIRECTOR, THRIKAKARA, KAKKANADU DATED
27/7/1994 WHICH RECEIVED BY THIS
RESPONDENT AS PER RIGHT TO INFORMATION ACT
EXHIBIT R5(6) THE TRUE COPY OF THE APPEAL FILED BY
PHILOMENA W/O LATE FRANCIS BEFORE RE-
SURVEY ASSISTANT DIRECTOR, THRIKAKARA,
KAKKANADU DATED 27/7/1994 WHICH RECEIVED
BY THIS RESPONDENT AS PER RIGHT TO
INFORMATION ACT
EXHIBIT R5(7) THE TRUE COPY OF THE NOTICE ISSUED TO K.P
AUGUSTINE WHICH RECEIVED BY THE THIS
RESPONDENT AS PER THE RIGHT TO INFORMATION
ACT
EXHIBIT R5(8) THE TRUE COPY OF THE NOTICE ISSUED TO K.P
CELIN WHICH RECEIVED BY THE THIS
RESPONDENT AS PER THE RIGHT TO INFORMATION
ACT
EXHIBIT R5(9) THE TRUE COPY OF THE NOTICE ISSUED TO K.P
PETER WHICH RECEIVED BY THE THIS
RESPONDENT AS PER THE RIGHT TO INFORMATION
ACT
EXHIBIT R5(10) THE TRUE COPY OF THE NOTICE ISSUED TO
PHILOMENA W/O LATE FRANCIS, WHICH RECEIVED
BY THE THIS RESPONDENT AS PER THE RIGHT TO
INFORMATION ACT
EXHIBIT R5(11) THE TRUE COPY OF THE NOTICE ISSUED TO
PHILOMENA FRANCIS, PETER AND CELIN WHICH
WAS RECEIVED BY THIS RESPONDENT AS PER
RIGHT TO INFORMATION ACT
EXHIBIT R5(12) THE TRUE COPY OF THE NOTICE ISSUED TO
RESPONDENTS IN THE ABOVE MENTIONED APPEAL,
WHICH WAS RECEIVED BY THIS RESPONDENT AS
PER RIGHT TO INFORMATION ACT
EXHIBIT R5(13) THE TRUE COPY OF THE NOTICE ISSUED TO
RESPONDENTS PHILOMENA, AUGUSTINE AND PETER
IN THE ABOVE MENTIONED APPEAL, WHICH WAS
RECEIVED BY THIS RESPONDENT AS PER RIGHT
TO INFORMATION ACT
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EXHIBIT R5(14) THE TRUE COPY OF THE NOTICE ISSUED TO
RESPONDENTS AUGUSTINE, PHILOMENA, CELIN IN
THE ABOVE MENTIONED APPEAL, WHICH WAS
RECEIVED BY THIS RESPONDENT AS PER RIGHT
TO INFORMATION ACT
EXHIBIT R5(15) THE TRUE COPY OF THE DEPOSITION OF K.P
AUGUSTINE, PHILOMENA, AND K.P CELIN TAKEN
BY THE 5TH RESPONDENT AS PER THE RIGHT TO
INFORMATION ACT
EXHIBIT R5(16) THE TRUE COPY OF THE SKETCH PREPARED BY
THE RE-SURVEY DEPARTMENT, WHICH RECEIVED
BY THIS RESPONDENT AS PER RIGHT TO
INFORMATION ACT
EXHIBIT R5(17) TRUE COPY OF THE SKETCH PREPARED BY THIS
RESPONDENT
EXHIBIT R5(18) THE TRUE COPY OF THE DECISION TAKEN BY THE
SUPERINTENDENT, SURVEY AND LAND RECORDS
A.L.C NO. 1 WHICH RECEIVED BY THIS
RESPONDENTS AS PER RIGHT TO INFORMATION
ACT
EXHIBIT R5(19) TRUE COPY OF THE DECISION TAKEN BY THE
SUPERINTENDENT, SURVEY AND LAND RECORDS
A.L.C NO. 1 WAS RECEIVED AND AN
ACKNOWLEDGMENT WAS ISSUED BY THE K.P
AUGUSTINE FOR HIMSELF AND FOR AND ON
BEHALF OF HIS BROTHER K.P PETER, PHILOMENA
FRANCIS AND K.P CELIN, WHICH RECEIVED BY
THIS RESPONDENTS AS PER RIGHT TO
INFORMATION ACT
EXHIBIT R5(20) TRUE COPY OF THE THANDAPER ACCOUNT ISSUED
BY THE VILLAGE OFFICER, CHERANELLOOR IN
THE NAME OF CELIN
EXHIBIT R5(21) TRUE COPY OF THE R.O.R CERTIFICATE ISSUED
BY THE VILLAGE OFFICER, CHERANELLOOR DATED
15/3/2023
EXHIBIT R5(22) TRUE COPY OF THE BASIC TAX RECEIPT FOR THE
YEAR 2023-2024 DATED 17/10/2023
EXHIBIT R5(23) TRUE COPY OF THE REGISTERED WILL DATED
10/8/2017
EXHIBIT R5(24) THE TRUE COPY OF THE PARTITION DEED NO.
328/2024 OF ERNAKULAM SRO DATED 29/1/2024.
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EXHIBIT R5(25) THE TRUE COPY OF THE THANDAPER ACCOUNT
ISSUED BY THE VILLAGE OFFICER,
CHERANELLOOR DATED 3/5/2024
EXHIBIT R5(26) THE TRUE COPY OF THE THANDAPER ACCOUNT NO.
24682 ISSUED BY THE VILLAGE OFFICER,
CHERANELLOOR DATED 3/5/2024
EXHIBIT R5(27) THE TRUE COPY OF THE BASIC TAX RECEIPTS
DATED 11/4/2024
EXHIBIT R5(28) TRUE COPY OF THE BASIC TAX RECEIPTS DATED
17/4/2024
EXHIBIT R5(29) THE TRUE COPY OF THE SETTLEMENT DEED NO.
4248/2006 DATED 14/7/2006
