THE HON'BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18540 OF 2011 Dated: 25.07.2011 Between: Pasumarthi Srimannarayana … Petitioner AND The Commissioner, Ongole Municipality and 2 others …. Respondents … Respondents This Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.18540 OF 2011 ORDER: The petitioner claims to be the absolute owner and possessor of House bearing No.20-1-07, Kota Street, Lambadi Donka, Ongole Town, having acquired title under a Registered Partition Deed, dated 10.02.1958. It appears that the respondent No.3, who is in occupation of House bearing No.20-1-08, made a request for survey of his property and fixation of boundaries and in pursuance thereof the respondent No.2 surveyed the property on 30.06.2010 and submitted his report to the respondent No.1 along with the sketch. Alleging that the boundaries mentioned in the sale deeds under which the 3rd respondent purchased H.No.20-1-08 were not correct and that the 3rd respondent was trying to grab the petitioner’s property and that in spite of the objections raised by him before conducting the survey the respondents 1 & 2 failed to consider the same, the present writ petition is filed seeking a declaration that the endorsement of the 1st respondent, dated 9.7.2010 is arbitrary and illegal. A perusal of the impugned endorsement dated 9.7.2010 shows that it is nothing but a communication to the respondent No.3 enclosing the remarks of the 2nd respondent as well as the sketch as per the survey, dated 30.06.2010. It is alleged by the writ petitioner that basing on the survey report, the 3rd respondent and others have trespassed and damaged a part of the petitioner’s house property. As could be seen, the whole grievance of the petitioner is that the boundaries shown in the title deeds of the respondent No.3 are not correct and on the basis of the same the 3rd respondent was trying to grab the petitioner’s house property. That being so, it is for the petitioner to work out the appropriate common law remedy before the appropriate forum for redressal of his grievance and it is not open to him to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Accordingly, granting leave and liberty, the Writ Petition is disposed of. No costs. ___________ G. ROHINI, J Date: 25.07.2011 Ivd