IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 18713 of 2008(C) -------------------------- PETITIONER: ------------ M.K.RAPPAI , MANJAPRAKKARAN VEEDU CHURCH ROAD, CHALAKUDI. BY ADV. SRI.BABU CHERUKARA RESPONDENTS: ------------- 1. THE TAHSILDAR MUKUNDAPURAM TALUK, OFFICE AT IRINJALAKUDA 2. THE TALUK SURVEYOR MUKUNDAPURAM TALUK, OFFICE AT IRINJALAKUDA BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.18713 of 2008 ================== Dated this the 15th day of July, 2008 J U D G M E N T The petitioner claims to be the owner of certain lands in East Chalakkudy Village. The petitioner's grievance in this writ petition is that although Ext.P4 application has been filed for measuring and demarcation of his property, the respondents are not taking appropriate steps. The petitioner requires a survey sketch for the purpose of production before the Chalakkudy Municipality with whom there is a dispute as to whether the petitioner has encroached into Government land. The petitioner would submit that although survey fee had been paid as per Ext.P5, the respondents are not taking steps to measure the property allegedly on account of political pressure brought on them. The petitioner is, in the meanwhile, pressured by the Municipality for demolition of the building which he has been constructed in the property. The petitioner, therefore, seeks the following relief: “(a) issue a writ of mandamus or any other appropriate writ or order w.p.c.18713/08 2 directing the respondents to dispose of Exhibit P4 application by measuring the property of the petitioner as per survey records and documents and to issue a certified sketch, within a period of two weeks.” 2. The learned Government Pleader would submit that the District Survey Superintendent has already measured the property twice and therefore, the respondents in this writ petition cannot do any thing in the matter. He would further submit that the only way open to the petitioner is to approach the District Survey Superintendent in the matter. 3. Having heard both sides, I feel that no harm would be caused if the District Survey Superintendent conducts a fresh survey and prepares a sketch in the presence of all parties concerned. This, the District Survey Superintendent shall do within one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.18713/08 3