IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 30429 of 2009(W) -------------------------- PETITIONER(S): --------------- BHAVANI, W/O.CHANDRAN, AGED 56 YEARS, KARIKATHARA EDAYAKUNNAM, CHERANALLOOR, ERNAKULAM DISTRICT. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY REVENUE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. TAHSILDAR, KANAYANNOOR TALUK OFFICE, ERNAKULAM DISTRICT. 3. TALUK SURVEYOR, KANAYANNOOR TALUK OFFICE, ERNAKULAM DISTRICT. BY GOVT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.30429/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SALE DEED DATED 1.12.86. EXT.P2: TRUE COPY OF THE APPLICATION DATED 17.11.08. EXT.P3: TRUE COPY OF THE APPLICATION DATED 23.11.08. EXT.P4: TRUE COPY OF THE JUDGMENT IN W.P(C0.8142/09 BEFOR THIS HON'BLE HIGH COURT OF KERALA. EXT.P5: TRUE COPY OF THE LETTER DATED 8.9.09. EXT.P6: TRUE COPY OF THE SKETCH PREPARED BY THE 3RD RESPONDENT DATED 15.9.09. EXT.P7:TRUE COPY OF THE NOTICE DATED 25.9.09. EXT.P8: TRUE COPY OF THE SKETCH PREPARED AS PER THE SURVEY RECORDS IN THE VILLAGE OFFICE. EXT.P9: TRUE COPY OF THE MEASUREMENT OF ORIGINAL DOCUMENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30429 OF 2009 ------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT The petitioner claims possession of an item of property on the basis of Exts.P1 and P8 and wants that property to be measured out on the basis of those two documents. The respondents are officials. None of the neighbours are parties. Not only that, the learned counsel for the petitioner quite candidly states that there is a civil suit pending as O.S.693/00. The requirement to measure out a property, as in the case in hand, could be for identifying as to whether any person has trespassed into the property claimed by the petitioner. That is a matter to be worked out in the civil court. The civil court has also ample powers to issue commission for local inspection and also for measurement with the assistance of the revenue officials. The process of measuring out the property is to reach ultimately at the relief of recovery of possession or for WPC.30429/09. 2 other reliefs. These are matters that can be taken up only before the civil court. Without prejudice to such course, this writ petition is dismissed without entering on merits. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.16/04.