IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 8065 of 2010(G) ------------------------- PETITIONER: --------------- GOPALAN NAIR, AGED 66 YEARS, S/O.NARAYANAN NAIR, NELLUVELIL, VAZHUVADI MURI, THAZHAKKARA VILLAGE,THAZHAKKARA PO, MAVELIKKARA. BY ADV. SRI.RASHEED C.NOORANAD SRI.G.GOPAKUMAR (CHERTHALA) RESPONDENTS: --------------- 1. STATE OF KERALA, REP BY DISTRICT COLLECTOR, ALAPPUZHA. 2. DEPUTY DIRECTOR, SURVEY AND LAND RECORDS ALAPPUZHA DISTRICT, ALAPPUZHA. 3. DISTRICT SURVEY SUPERINTENDENT, ALAPPUZHA. 4. SOMAN PILLAI, S/O.GOPALA PILLAI NELLUVELI (KIZHAKKATHIL) VETTATHU VEEDU VAZHUVADY MURI, THAZHAKKARA VILLAGE. 5. THANKAMANY, W/O.SOMAN PILLAI DO..DO.. GOVERNMENT PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.8065 of 2010 ------------------------------------------------ Dated this the 22nd day of March, 2010 JUDGMENT The petitioner herein seeks for a direction to consider Ext.P3 complaint filed under Section 13 A of the Kerala Survey and Boundaries Act. The same is dated 1.4.2008. The petitioner is the owner in possession of 51 cents of property in Old Survey No.141/IIA of Thazhakkara Village obtained as per Sale Deed No.2245/76 of Mavelikkara SRO. The property has been resurveyed and it is renumbered as Re.Sy.No.88/17. 2. It appears that the petitioner was not at the station when the resurvey was conducted. According to him the boundary has been fixed wrongly, resulting in deprival of part of his property. The petitioner thereafter filed application before the Deputy Director (Survey and Land Records) as per Ext.P1. He has issued Ext.P2 notice to appear before the third respondent. But even though petitioner appeared before him, nothing positive has happened in the matter. It is in these circumstances, the petitioner approached District Collector by filing Ext.P3. 3. It is also pointed out in paragraph 5 of the writ petition, he had filed a civil suit in O.S.No.341/2006 before the W.P.(C)No.8065 of 2010 2 Munsiff's Court, Mavelikkara against two persons by name Soman Pillai and Thankamani (respondents 4 & 5) seeking for appropriate reliefs. The suit has already been dismissed, which is being challenged in an appeal. As on today, O.S.No.339/2009 is pending before Munsiff's Court, Mavelikkara filed by the said persons against the petitioner. The petitioner will have to produce the copy of the judgment in O.S.No.341/2006 before the District Collector. The District Collector will consider Ext.P3 with notice to the petitioner and respondents 4 and 5, and pass orders within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj