IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35880 of 2008(U) -------------------------- PETITIONER: --------------- SHAMSUDEEN RAWTHER, AGED 62 YEARS, S/O.FAKIR MUHAMMED RAWTHER, FAZALUDEEN MANZIL, MEENATH THERY, PATTAZHI NORTH VILLAGE, CHELIKUZHY P.O., KOLLAM DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, SURVEY AND LAND RECORDS (RESURVEY), KARUNAGAPPALLY. 4. HAMEED KUTTY, S/O.KASIM KUNJU, ALI MULLIL PURAYIDAM, ENATHU VADAKKU, EZHAMKULAM MURI, PATHANAPURAM TALUK, KOLLAM DISTRICT. 5. IBRAHIM KUTTY RAWTHER,S/O.PAKEER RAWTHER PALAVILA HOUSE, MEENAM WARD, PATTAZHI VADAKKEKARA VILLAGE, PATHANAPURAM TALUK. 6. MASOOD RAWTHER, PALLATHU VEEDU, EZHAMKULAM VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 7. SULAIMAN RAWTHER, PALAVILA HOUSE, MEENAM WARD, PATTAZHI VADAKKEKARA VILLAGE, PATHANAPURAM TALUK. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.35880 of 2008 -------------------------- Dated this the 4th December, 2008 J U D G M E N T Petitioner claims to be an owner in possession of 88 cents of land in RS No.2494/4 and 2494/5 of Pattazhi Vadakkekara Village. Out of this, 75 cents was purchased by the petitioner under Sale deed No.1979/1979 and balance 13 cents as per relinquishment deed No.2420 of 1979. Petitioner points out to the existence of dispute between respondents 4 to 7 and the predecessor-in- interest of the petitioner relating to properties situate adjacent to the petitioner’s property. It seems that dispute also centers round 13 cents of property assigned in favour of the petitioner by Smt Jameela as aforementioned. In the meanwhile OS No.253/87 by respondents 5 to 7 against the petitioner was filed before the Munsiff’s Court, Punalur for fixation of boundary, damages and for injunction. Though the suit was dismissed, appeal against the petitioner is pending. There is a counter claim by the W.P ( C) No.35880 of 2008 2 petitioner by way of OS No.289 of 2004 before the Munsiff’s Court, Punalur against respondents 5 to 7 seeking a decree of injunction. The present dispute arose out of a resurvey conducted by the 3rd respondent in Pathanapuram Taluk and what the petitioner calls as wrong inclusion of the property belonging to the petitioner, in the survey sub division, relating to the property claimed by respondents 4 to 7. Petitioner has preferred Exhibit P6 appeal in this regard before the 3rd respondent. This writ petition has been filed seeking a direction to the 3rd respondent to take a decision on Exhibit P6. Having heard the learned Government Pleader also, the writ petition is disposed of directing the 3rd respondent to consider Exhibit P6, if it is maintainable, and take a decision thereon, after hearing the petitioner and respondents 4 to 7, within three months from the date of receipt of a copy of this judgment along with copy of the writ petition. (V.GIRI,JUDGE) ma W.P ( C) No.35880 of 2008 3 W.P ( C) No.35880 of 2008 4