IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29913 of 2005(J) ---------------------------------- PETITIONER(S): ----------------------- VARGHESE GEORGE, PANACKAMATTATHU KARANKALATHU KADAPRA MANNAR MURI, KADAPRA VILLAGE. BY ADV. SRI.P.HARIDAS RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE R.D.O. THIRUVALLA. 3. TALUK SURVEYOR, THIRUVALLA. 4. AKKAMMA THOMAS, VENGAZHI VADAKKETHIL HOUSE, KADAPRA MANNAR MURI, KADAPRA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 5. P.C.CHACKO, MANAPPURATHU HOUSE, KADAPRA MANNAR MURI, KADAPRA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 6. ANNAMMA SAMUEL, VAZHUVELIL SAM VILLA, VAZHUVADI P.O. MAVELIKKARA. BY GOVERNMENT PLEADER SRI. M.R.SABU ADV. SRI.BABU CHERUKARA FOR R5 SRI.ALEX N.MATHEW (KOLLAM) FOR R4, 6 SRI.H.RAMANAN FOR R4,6 SRI.M.M.VINOD KUMAR FOR R4,6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No. 29913 of 2005 ================== Dated this the 16th day of October, 2008. J U D G M E N T On the death of the petitioner's father, properties belonging to the father devolved by succession on the petitioner and his mother. In respect of the boundary of the said property there was a dispute between the petitioner and respondents 4 to 6. Mother filed O.S. No. 171/2002 in this regard. An injunction order was also passed in that suit. Although, the petitioner's mother earlier applied for measurement of the property, in view of the pendency of the suit and the injunction order, the R.D.O. could not proceed further in the matter. However, at the instance of the 6th respondent, the Taluk Surveyor issued Ext.P5 notice to the petitioner directing the petitioner to be present for measurement and fixation of boundary. The petitioner is challenging Ext.P5 order. According to the petitioner, since the civil suit is pending in respect of the same subject matter if the Taluk Surveyor measures the property and fixes the boundaries, it would adversely affect the rights of the petitioner and his mother. Further in view of the injunction W.P(C)No. 29913 of 2005 - 2 - granted by the Civil Court, no further proceedings can be taken as contemplated in Ext.P5. 2. I have heard the learned Government Pleader and the learned Counsel appearing for the respondents 4 and 5. I am of opinion that in so far as the matter is pending consideration before the Civil Court namely; Munsiff's Court, Thiruvalla in O.S. No. 171/2002, further proceedings can be initiated only in accordance with the decree in that suit. By interim order dated 25.10.2005 this Court has allowed survey to be completed but it was directed that no change shall be affect in the physical boundaries of the property. Accordingly, maintaining the interim order, I direct that the question regarding the fixation of boundaries shall be decided only in accordance with the decision of the Civil Court. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs