2025:KER:26693 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 9133 OF 2014 PETITIONER: JOSE P.JOSE AGED 54 YEARS S/O. M.J.PAILY, RESIDING AT MUTTATHU KUDIYIL HOUSE, ENANALLUR, AAYAVANA P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT- 686 673. BY ADV SRI.PEEYUS A.KOTTAM RESPONDENTS: 1 STATE OF KERALA REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM-695 001, REPRESENTED BY ITS SECRETARY. 2 DISTRICT COLLECTOR COLLECTORATE, PAINAV, IDUKKI DISTRICT, PIN- 686 503. 3 SUPERINTENDENT OF SURVEYS, DEVIKULAM, PAINAV, IDUKKI DISTRICT, PIN-686 503. 4 THE TALUK SURVEYOR, TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT- 686 503. 5 THE TAHAZILDAR, TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT- 686 503. WP(C)No.9133 of 2014 2025:KER:26693 2 6 THE ADDITIONAL TAHAZILDAR TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT- 686 503. 7 VILLAGE OFFICER, VILLAGE OFFICE, KANDALLUR, DEVIKULAM TALUK, IDUKKI DISTRICT-686 503. 8 SAJI ALEX S/O. ALEX, RESIDING AT 29/101-A, OLIVE, VATTEKKUNNAM, EDAPPALLY NORTH, ERNAKULAM, KOCHI-682 024. 9 SISI AUGUSTINE, W/O. SAJI ALEX, RESIDING AT 29/101-A, OLIVE, VATTEKKUNNAM, EDAPPALLY NORTH, ERNAKULAM, KOCHI-682 024. 10 SOJAN JOSEPH, AGED 60 YEARS S/O JOSEPH, VALLAMMATTATHIL HOUSE, PANDAPILLI KARA, ARAKUZHA PANCHAYATH, ARAKUZHA VILLAGE, MUVATTUPUZHA TALUK ( SOUGHT TO BE IMPLEADED ) BY ADVS. GOVERNMENT PLEADER KARTHIKA MARIA SRI.V.V.NANDAGOPAL NAMBIAR ARUN THOMAS VEENA RAVEENDRAN ANIL SEBASTIAN PULICKEL SHINTO MATHEW ABRAHAM LEAH RACHEL NINAN MATHEW NEVIN THOMAS KARTHIK RAJAGOPAL KURIAN ANTONY MATHEW JOE S. ADHIKARAM NAVYA SEBY SHYAM SAJEEV R1 TO 7 - SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)No.9133 of 2014 2025:KER:26693 3 J U D G M E N T (Dated this the 27th day of March, 2025) The writ petition is preferred challenging Exts.P8 and P9. 2. It is the case of the petitioner that, some errors occurred in the subdivision process as per Ext. P8, which was carried out based on the report in Ext. P9. According to the petitioner, an error occurred in the reporting for effecting sub division. 3. In that regard it is reported by the Additional Tahsildar, Devikulam that, already it is brought to their notice that some defects occurred while effecting sub divisions. On realizing those errors occurred in effecting sub division, they issued Ext.P7. Under such circumstances, the writ petition is filed challenging Ext.P8, effecting sub divisions on the basis of Ext.P9 report. It is also submitted by the learned Counsel for the petitioner that, in this regard there is a report by the Village Officer as per Ext.P12, which is the record to be considered by the Taluk Authorities while effecting sub division. WP(C)No.9133 of 2014 2025:KER:26693 4 4. In response to that, the learned Counsel for the party respondents submitted that, they will not stand in the way of completing the procedure as per the notice issued by Ext.P7 after affording them an opportunity of being heard. However, the authorities should consider Exts.P9 and P12 as well. 5. The learned Government Pleader also produced the instruction provided by the Taluk Office, Devikulam wherein it is acknowledged that, while effecting sub-division as per Ext.P8, there occurred certain errors. That is why they issued Ext.P7. 6. Under such circumstances, there will be a direction to the 4th respondent to consider the matter afresh in the light of Ext.P7. While considering the same, the 4th respondent shall also issue notice to the affected parties and shall consider Exts.P9 and P12 reports along with a fresh report and take appropriate measures to effect the sub-divisions correctly. But the decision shall not confine to Ext.P9 and they have to be taken on the basis of a fresh report. Accordingly, the writ petition is disposed of. The entire exercise shall be completed within a period of WP(C)No.9133 of 2014 2025:KER:26693 5 three months from the date of receipt of a certified copy of this judgment. The petitioners and other stake holders are free to produce all relevant documents before the authority. Sd/- P.M MANOJ JUDGE AKH WP(C)No.9133 of 2014 2025:KER:26693 6 APPENDIX OF WP(C) 9133/2014 RESPONDENT EXHIBITS EXHIBIT R8(A) TRUE COPY OF THE JUDGMENT IN WPC 7402/2013 DATED 25.11.2013. EXHIBIT R8(B) TRUE COPY OF THE REPORT DATED 18.01.2014 OF THE 6TH RESPONDENT. EXHIBIT R8(C) TRUE COPY OF THE COMMUNICATION DATED 05.02.2014 OBTAINED UNDER RTI ACT. EXHIBIT R8(D) TRUE COPY OF THE REPLY OBTAINED FROM THE OFFICE OF THE 6TH RESPONDENT UNDER RTI ACT DATED 22.05.2014 EXHIBIT R8(E) TRUE COPY OF THE RTI APPLICATION FILED BEFORE THE OFFICE OF THE 7TH RESPONDENT DATED 03-10-2023 EXHIBIT R8(F) TRUE COPY OF THE REPLY DATED 21-10- 2023 OBTAINED UNDER RTI ACT EXHIBIT R8(G) TRUE COPY OF THE REPLY RECEIVED FROM THE OFFICE OF THE 5TH RESPONDENT DATED 08-11-2023 OBTAINED UNDER RTI ACT EXHIBIT R8(H) TRUE COPY OF THE RTI APPLICATION DATED 31-10-2023 EXHIBIT R8(I) TRUE COPY OF THE REPLY OBTAINED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 24-11-2023 UNDER RTI ACT RESPONDENT EXHIBITS EXHIBIT R9(1) TRUE COPY OF THE SALE DEED NO. 1538/2009 DATED 31.07.2009 OF SRO DEVIKULAM. EXHIBIT R9(2) TRUE COPY OF THE TAX RECEIPT DATED 06.05.2022 EXHIBIT R9(3) TRUE COPY OF THE JUDGMENT IN THE OS NO. 11/2016 BEFORE THE HON’BLE WP(C)No.9133 of 2014 2025:KER:26693 7 MUNSIFF COURT AT DEVIKULAM. PETITIONER EXHIBITS EXHIBIT P1 COPY OF REGISTERED SALE DEED NO.1624/2007 DTD.15.5.2007 OF DEVIKULAM SRO IN THE NAME OF THE PETITIONER. EXHIBIT P2 COPY OF THE SALE DEED NO.1319/197 DTD.11.9.1978 OF DEVIKULAM SRO IN FAVOUR OF R.D.PAUL @ RAMAYYA DAVID PAUL. EXHIBIT P3 COPY OF TAX RECEIPT NO.786268 DTD.9.4.2007 SHOWING THE PAYMENT OF PROPERTY TAX IN THE NAME OF THE R.D.PAUL @ RAMAYYA DAVID PAUL IN THANDAPPER NO.663 OF KANDALLUR VILLAGE. EXHIBIT P4 COPY OF POSSESSION CERTIFICATE NO.1602/09 DTD.25.9.2009 ISSUED BY THE VILLAGE OFFICER KANDALLUR IN RESPECT OF 01.82.56 HECTARES OF PROPERTY IN SURVEY NO.128/3 OF KANDALLUR VILLAGE. EXHIBIT P5 COPY OF POSSESSION CERTIFICATE NO.335/2011 DTD.1.4.2011 ISSUED BY VILLAGE OFFICER KANDALLUR WITH REGARD TO 00.98.16 HECTARES OF PROPERTY IN SURVEY NO.128/3 OF KANDALLUR VILLAGE. EXHIBIT P6 COPY OF PROPERTY TAX RECEIPT ISSUED FROM THE SAID VILLAGE OFFICER, KANDALLUR VILLAGE TO THE PETITIONER. EXHIBIT P7 COPY OF THE NOTICE NO.C-5 19481/10 DATED NIL IOSSUED BY THE ADDITIONAL TAHSILDAR, DEVIKULAM. EXHIBIT P8 COPY OF THE SURVEY SKETCH NO.43/2011 DATED WITH ISSUED BY THE ADDITIONAL TAHSILDAR, DEVIKULAM. WP(C)No.9133 of 2014 2025:KER:26693 8 EXHIBIT P9 COPY OF REPORT NO.C-2/10/320/2007 DTD.6.9.2011 ISSUED BY THE TALUK SURVEYOR, KANDALLUR. EXHIBIT P10 COPY OF SALE DEED SURVEY SKETCH ALLEGEDLY PREPARED AND APPROVED BY SUPERINTENDENT OF SURVEYS, RE- FIXING BOUNDARIES AND PROPERTIES COMPRISED IN RE SURVEY NO.128/3 AND FRESH SUB DIVISION NOS.128/5, 128/6 AND 128/7 GIVEN TO PROPERTY IN RE SURVEY NO.128/3 OF KANDALLUR VILLAGE. EXHIBIT P11 COPY OF THE REPRESENTATION DTD.13.3.2014 SUBMITTED BY PETITIONER BEFORE ALL RESPONDENTS.