IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 19690 of 2009(E) ----------------------------------------- PETITIONER(S): -------------------------- RAJENDRAN NAIR, AGED 56 YEARS, S/O.NARAYANA PILLAI, R/AT MANAL PUTHEN VEEDU, KADAKKATTU MURI, PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADVS.MR.AHAMED PHYSI, SMT.T.S.MAYA (THIYADIL), SMT.K.REENA. RESPONDENT(S): --------------------------- 1. THAHAZILDAR, ADOOR TALUK, ADOOR. 2. TALUK SURVEYOR, ADOOR TALUK, ADOOR. 3. RAJASEKHARA KURUP, AGED 46 YEARS, S/O.VASUPILLAI, R/AT ELLATHAYYATH(ARYA BHAVAN), KADAKATTU MURI, PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 4. BALAKRISHNA PILLAI, AGED 50 YEARS, R/AT THAZHEKATTU REMYA BHAVAN, KADAKATTU MURI, PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI, J ------------------- W.P.(C).19690/2009 -------------------- Dated this the 14th day of July, 2009 JUDGMENT There is a civil dispute between the petitioner and respondents 3 and 4 and the same is now pending before the Munsiff Court, Adoor as O.S.165/2009. The Suit is one for injunction. According to the petitioner, his property having an extent of 72 cents is situated within well defined boundaries and respondents 3 and 4 are trying to trespass into the property. An Advocate Commissioner has also been deputed and a report has been filed. Petitioner is aggrieved that pending disposal of the Civil Suit, the contesting respondents have moved the surveyor for measurement of the property and he has issued Ext.P6. Hence the writ petition. 2. There is no reason to interdict the measurement as contemplated in Ext.P6. But obviously any such measurement of the property and any plan or sketch prepared pursuant thereto, shall be produced before the Civil Court by either of the parties. Petitioner would also be W.P.(C).19690/2009 2 entitled to summon such plan or sketch, if it is not supplied to him. Acceptability of the same will depend upon the orders to be passed by the Civil Court provided either the petitioner or the other parties to the Suit challenge the same before the Civil Court. At any rate, it is made clear that if there are any statutory remedies available against the measurement carried out by the Surveyor, petitioner or other parties would be entitled to avail the same notwithstanding the pendency of the Suit. It is further made clear that the surveyor shall not take any action, violative of or inconsistent with an order passed by the Civil Court. Writ petition is disposed of as above. V.GIRI, Judge mrcs