Kerala High Court
John Nobel Thomas vs State Of Kerala on 25 July, 2025
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 1 -
2025:KER:56240
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 27025 OF 2025
PETITIONER:
NOBEL THOMAS
AGED 46 YEARS
S/O.DR.THOMAS, JOHN, KOLANGICOMBIL (H),
RAJAGIRI ROAD, THRIKKAKKARA NORTH (PART),
ERNAKULAM, PIN - 683104
BY ADV SMT.ALISHA ASLAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TAHSILDAR
KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
MARINE DRIVE, ERNAKULAM, PIN - 682011
3 VILLAGE OFFICER
THRIKKAKKARA NORTH VILLAGE, KOONAMTHAI, PADIVATTOM,
ERNAKULAM, PIN - 682024
4 THE TALUK SURVEYOR
KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
MARINE DRIVE, ERNAKULAM, PIN - 682011
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 2 -
2025:KER:56240
BY ADV.
SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, ALONG WITH WP(C).27156/2025 AND 27171/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 3 -
2025:KER:56240
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 27156 OF 2025
PETITIONER:
JOHN BOBY @ JOHN BOBY THOMAS,
AGED 47 YEARS
S/O DR. THOMAS JOHN, KOLANGICOMBIL HOUSE,
RAJAGIRI PO, KALAMASSERY, ERNAKULAM.
REP BY HIS POA HOLDER JOHN NOBEL THOMAS,
S/O DR. THOMAS JOHN, KOLANGICOMBIL (H),
RAJAGIRI ROAD, THRIKKAKKARA NORTH (PART),
ERNAKULAM, PIN - 683104
BY ADV SMT.ALISHA ASLAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 TAHSILDAR
KANAYANNUR TALUK OFFICE,
NEAR SUBHASH PARK,
MARINE DRIVE, ERNAKULAM, PIN - 682011
3 VILLAGE OFFICER
THRIKKAKKARA NORTH VILLAGE, KOONAMTHAI,
PADIVATTOM, ERNAKULAM, PIN - 682024
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 4 -
2025:KER:56240
4 THE TALUK SURVEYOR
KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
MARINE DRIVE, ERNAKULAM, PIN - 682011
BY ADV.
SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, ALONG WITH WP(C).27025/2025 AND 27171/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 5 -
2025:KER:56240
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 27171 OF 2025
PETITIONER:
JOHN NOBEL THOMAS
AGED 46 YEARS
S/O DR. THOMAS, JOHN, KOLANGICOMBIL (H),
RAJAGIRI ROAD, THRIKKAKKARA NORTH (PART),
ERNAKULAM, PIN - 683104
BY ADV SMT.ALISHA ASLAM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 TAHSILDAR
KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
MARINE DRIVE, ERNAKULAM, PIN - 682011
3 VILLAGE OFFICER
THRIKKAKKARA NORTH VILLAGE, KOONAMTHAI,
PADIVATTOM, ERNAKULAM, PIN - 682024
4 THE TALUK SURVEYOR
KANAYANNUR TALUK OFFICE, NEAR SUBHASH PARK,
MARINE DRIVE, ERNAKULAM, PIN - 682011
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 6 -
2025:KER:56240
BY ADV.
SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.07.2025, ALONG WITH WP(C).27156/2025 AND 27025/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 7 -
2025:KER:56240
COMMON JUDGMENT
In all three cases, the petitioners preferred Form-10 applications under Rule 43 of the Kerala Survey and Boundaries Rules. The petitioners' grievance is that the same has not been considered and acted upon by the authorities concerned. Learned Government Pleader would point out that the applications in Form no.10 were filed only on 05.06.2025 and that the respondents be given a reasonable time to act upon the same.
2. Having heard the learned counsel for the petitioners and learned Government Pleader, there will be a direction to the Tahsildar (L.R), Kanayannur Taluk to act upon Form-10 applications preferred by the petitioners in all the three cases. Inasmuch as these applications have been preferred before the 2nd respondent/Tahsildar, the same will be forwarded to the Tahsildar (L.R) concerned, forthwith, upon receipt of this judgment. Petitioners will first produce a copy of this judgment before the 2nd respondent and the Tahsildar (L.R) W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 8 -
2025:KER:56240 concerned, for compliance. There will be a direction to the Tahsildar (L.R) to consider Form-10 applications and to act upon it expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
These Writ Petitions are disposed of, as above.
Sd/-
C.JAYACHANDRAN, JUDGE ww W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 9 -
2025:KER:56240 APPENDIX OF WP(C) 27025/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.5590/1994 OF EDAPALLY SRO DATED 04/10/1994 IN THE NAME OF PETITIONER.
EXHIBIT P2 TRUE COPY OF THE FORM NO.10 APPLICATION SUBMITTED ON 05/06/2025 UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARY RULES FOR POINTING OUT THE BOUNDARIES OF THE PETITIONER'S PROPERTY.
EXHIBIT P3 TRUE COPY OF REPORT BEARING FILE NO.
317/25 ISSUED BY 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL07021805482/2025 DATED 01/04/2025 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RELEVANT THANDAPPER ACCOUNT DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY.
EXHIBIT P6 TRUE COPY OF THE RELEVANT BASIC TAX REGISTER DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY.
EXHIBIT P7 TRUE COPY OF THE FMB SKETCH DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY. EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 11/06/2025 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 10 -
2025:KER:56240 APPENDIX OF WP(C) 27156/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.5691/1994 OF EDAPALLY SRO DATED 04/10/1994. EXHIBIT P2 TRUE COPY OF THE FORM NO.10 APPLICATION SUBMITTED ON 05/06/2025 UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARY RULES FOR POINTING OUT THE BOUNDARIES OF THE PETITIONER'S PROPERTY.
EXHIBIT P3 TRUE COPY OF REPORT BEARING FILE NO.
319/25 ISSUED BY 3RD RESPONDENT DATED 10/6/2025.
EXHIBIT P4 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL07021805482/2025 DATED 01/04/2025 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RELEVANT THANDAPPER ACCOUNT DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY.
EXHIBIT P6 TRUE COPY OF THE RELEVANT BASIC TAX REGISTER DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY.
EXHIBIT P7 TRUE COPY OF THE FMB SKETCH DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY. EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 11/06/2025 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.
W.P.(C) Nos.27025, 27156 and 27171 of 2025
- 11 -
2025:KER:56240 PPENDIX OF WP(C) 27171/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2205/1985 OF EDAPALLY SRO.
EXHIBIT P2 TRUE COPY OF CERTIFIED COPY OF WILL NO.
336/2014 OF EDAPALLY SRO.
EXHIBIT P3 TRUE COPY OF THE FORM NO.10 APPLICATION SUBMITTED ON 05/06/2025 UNDER RULE 43 OF THE KERALA SURVEY AND BOUNDARY RULES FOR POINTING OUT THE BOUNDARIES OF THE PETITIONER'S PROPERTY.
EXHIBIT P4 TRUE COPY OF REPORT BEARING FILE NO.
318/25 ISSUED BY 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL07021805569/2025 DATED 01/04/2025 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RELEVANT THANDAPPER ACCOUNT DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY.
EXHIBIT P7 TRUE COPY OF THE RELEVANT BASIC TAX REGISTER DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY.
EXHIBIT P8 TRUE COPY OF THE FMB SKETCH DATED 10/06/2025 ISSUED BY 3RD RESPONDENT WITH RESPECT TO THE IMPUGNED PROPERTY. EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 11/06/2025 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.