IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ANOOP JACOB – Appellant
Versus
THE DIRECTOR /SUPERINTENDENT, CENTRAL SURVEY OFFICE – Respondent
| Table of Content |
|---|
| 1. feud over familial property. (Para 1 , 2 , 3 , 4) |
| 2. arguments on notice and justice. (Para 5 , 6 , 7) |
| 3. need for re-evaluation on natural justice. (Para 8 , 9 , 10) |
| 4. decision to quash resurvey due to procedural flaws. (Para 11) |
| 5. court orders reconsideration with due process. (Para 12 , 13) |
J U D G M E N T
This writ petition ultimately visualises a feud between close relatives. This Court is called upon to decide the dispute between the parties, since the attempt for mediation was unsuccessful.
2. The petitioner’s father – late Jacob Ouseph, and Ouseph Joseph @ P.J.Joseph – the 5th respondent herein, are brothers. According to the petitioner herein, the mother of Jacob and Joseph, Anna, had an extent of 2.11 Acres of Patta land in Survey No.1/1 of Kalkoonthal Village. True, the Patta is specifically with reference to the four boundaries, and on a perusal of the Patta, it would appear that the property extending to 2.11 Acres is a consolidated piece of property. After the death of the afore- referred Anna, her legal heirs, including Jacob, executed Ext.R5(b) release deed in favour of Joseph, the 5th respondent herein. It may also be noticed that the boundaries of t
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