IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 37146 of 2009(K) -------------------------- PETITIONER: --------------- IBRAHIMKUTTY THANGAL KUNJU, AYANIVILA VEEDU, KADAPPA MURI, MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT. BY MR.B.KRISHNA MANI, ADVOCATE RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE TALUK SURVEYOR, TALUK OFFICE, KUNNATHOOR, SASTHAMKOTTA, KOLLAM DISTRICT. 3. POOKUNJU, KANDALIKUTTYIL, KADAPPA MURI, MYNAGAPPALLY, KOLLAM DISTRICT. 4. SUBAIDA, KANDALIKUTTYIL, KADAPPA MURI, MYNAGAPPALLY, KOLLAM DISTRICT. BY MR.GEORGE SEBASTIAN, ADVOCATE FOR R3 & 4 MR.K.RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.37146/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT O.S.351/07 BEFORE THE MUNSIFFS COURT, SASTHAMKOTTA DATED 4/12/2009. EXT.P2: COPY OF THE APPLICATION, I.A. IN O.S.351/07 BEFORE THE MUNSIFFS COURT, SASTHAMKOTTA DATED 4/12/2009. EXT.P3: COPY OF THE SUIT O.S.357/09 BEFORE THE MUNSIFFS COURT, SASTHAMKOTTA, DATED 9/12/2009. EXT.P4: COPY OF THE INJUNCTION APPLICATION I.A. IN DATED 9/12/2009. EXT.P5: COPY OF THE NOTICE DATED 11/12/2009 FROM THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37146 OF 2009 --------------------------------------- Dated this the 21st day of January, 2010. J U D G M E N T The petitioner is aggrieved by Exhibit P5 notice issued by the Taluk Surveyor proposing to conduct measurement for fixing boundaries in respect of property in Survey No.153/23-2 of Mynagappally village. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for respondents 3 and 4. By Exhibit P5 notice it was proposed that the measurement will be taken on 23.12.2009. This Court had passed an interim order on 22.12.2009 staying further action on the proposed measurement. 3. It is evident from the pleadings that the parties are already before the civil court in O.S.No.351/2007 filed by the petitioner and in O.S.No.357/2009 filed by respondents 3 and 4. Both the parties have filed Interlocutory Applications seeking interim injunctions also. The matter is still pending. 4. Learned counsel for the petitioner submitted that since W.P.(C) No.37146/2009 2 officers of the State are involved, it may take more time for the civil court to consider the matter and the proposed measurement therefore, by the Taluk Surveyor is unwarranted. 5. Learned counsel appearing for the respondents 3 and 4 submitted that actually they had approached the Taluk Surveyor prior to the filing of the suit and it so happened that notice Exhibit P5 was issued only after the receipt of summons by either parties in the two civil suits itself. In that view of the matter, Exhibit P5 is set aside. Depending upon the outcome of the civil suit alone, the Taluk Surveyor or any other official will conduct measurement in respect of the properties which are subject matter of the two civil suits. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp