IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 21003 of 2009(U) -------------------------- PETITIONER(S): --------------- SOMA RAJAN,S/O.GOPALA PILLAI,RAJ BHAVAN, MALOOR.P.O,PATTAZHI VADAKKEKARA, PATHANAPURAM TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. DIRECTOR, SURVEY AND RE-SURVEY DEPARTMENT,THIRUVANANTHAPURAM. 2. SURVEY SUPERINTENDENT,RE-SURVEY DIVISION SURVEY DEPARTMENT,TALUK OFFICE,KARUNAGAPPALLY. 3. TAHSILDAR,PATHANAPURAM TALUK. 4. NARAYANAN NAIR,MURINGAPPALLIL VEEDU, KARIMPALOOR WARD,MALOOR.PO,PATTAZHIVADAKKEKARA VILLAGE,PATHANAPURAM VILLAGE. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21003/2009 -------------------- Dated this the 27th day of July, 2009 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader. 2. Petitioner claims to be the owner of the following extents of property covered by Ext.P1 document. 1.62 Ares in Survey No.2991/5 2.25 Ares in Survey No.2990/16 1.90 Ares in Survey No.2990/4 1.71 Ares in Survey No.2991/6 of Pattazhi Vadakkekara Village. 3. 3rd respondent is a neighbouring property owner. Petitioner sought for fixation of the boundary and approached the 2nd respondent with a request to conduct re- survey. 2nd respondent has not taken any action. Hence the writ petition. 4. 2nd respondent shall proceed to demarcate the boundary. If there is a dispute between two neighbouring W.P.(C).21003/09 2 property owners, either in a case where boundary has not already been fixed or if boundary has been fixed, then he shall proceed under Rule 43 of the Survey and Boundaries Rules. 2nd respondent shall, after notice to the petitioner and the 4th respondent, cause a survey measurement to be completed as sought for in Ext.P2 and draw up a sketch, showing the boundary. This shall be issued to both parties. Both the petitioner and the 4th respondent, if aggrieved by the said survey plan and sketch, would be entitled to take steps under the Survey and Boundaries Act in relation to the same. Writ petition is disposed of as above. V.GIRI, Judge mrcs