1. Property owner claims improper reduction in land extent following a re-survey and seeks adjudication of a revision petition filed under the relevant survey statute. (Para 1 )
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2026 Supreme(Online)(Ker) 74853
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Paviyanose Devasia – Appellant
Versus
District Collector Kottayam – Respondent
WP(C) NO.38841 OF 2026
Important Points
The court directed the District Collector to dispose of a pending revision petition under the Kerala Survey and Boundaries Act within two months, ensuring the petitioner is granted a hearing.
Subject
Civil - Land Survey
Act Referred
Headnote
(A) Administrative Law - Delay in Disposal of Statutory Revision - Direction to dispose of revision petition within a stipulated time - When a revision petition filed under the Kerala Survey and Boundaries Act is pending without progress, the court may direct the authority to decide the matter expeditiously while ensuring the principles of natural justice by affording the petitioner an opportunity of being heard. (Para 3)
Issues: Whether the 1st respondent should be directed to dispose of the pending revision petition filed by the petitioner.
Issues: Whether the 1st respondent should be directed to dispose of the pending revision petition filed by the petitioner.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: S. Ranjit, Gokul Das V.V.H.
For the Respondents: Sreehari Indukaladharan
For the Appellants/Petitioners: S. Ranjit, Gokul Das V.V.H.
For the Respondents: Sreehari Indukaladharan
Table of Contents
2. Petitioner complains of inordinate delay in the disposal of a statutory revision petition regarding survey anomalies, necessitating judicial intervention by the High Court. (Para 1 )
3. The court notes that a prompt disposal of the pending revision petition is warranted, subject to the principles of natural justice and fair opportunity for the petitioner. (Para 3 )
4. When a statutory authority fails to dispose of a pending revision petition within a reasonable timeframe, the court may direct its expeditious conclusion after affording a hearing. (Para 3 )
5. The respondent is directed to dispose of the revision petition within two months after granting the petitioner an opportunity of being heard. (Para 3 )
6. Can the High Court issue directions to statutory authorities to expedite the disposal of pending revision petitions?
Yes, if there is inordinate delay in the disposal of proceedings, the court may exercise its writ jurisdiction to direct the concerned authority to decide the petition expeditiously within a fixed timeframe and in accordance with the law. (Para 1 , 3 )
7. What procedural safeguard must be ensured when an authority considers a revision petition regarding survey anomalies?
The authority must strictly observe the principles of natural justice, specifically by granting the affected party an opportunity of being heard before passing any final orders on the revision matter. (Para 3 )
G. GIRISH, J.
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WP(C) No.38841 of 2026
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Dated this the 13th day of November, 2026
JUDGMENT
The petitioner, a septuagenarian, is aggrieved by the delay on the part of the 1st respondent in disposing of Ext.P1 - revision filed by him against the anomaly committed by the authorities concerned in the re-survey while surveying his 10 ares of land obtained by virtue of Sale Deed No.1728 of 1972 of S.R.O, Karukachal. It is stated that after the re-survey, there has been a considerable reduction in the extent of land. Due to the above reason, the petitioner opted for the remedy under Section 13A of the Kerala Survey and Boundaries Act, 1961, before the 1st respondent. The procrastination of the proceedings on the above revision is the reason why the petitioner has to approach this Court with this writ petition.
2. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
3. Having regard to the nature of the reliefs sought for by the petitioner in this writ petition, I deem it appropriate to dispose of this writ petition as follows:-
(i) The 1st respondent is hereby directed to consider and pass appropriate orders as per law in Ext.P1 - revision petition, as expeditiously as possible, at any rate, within a period of two months from the date of production of a copy of this judgment.
(ii) It is made clear that the petitioner shall be afforded with an opportunity of being heard before taking a decision on the above matter.
