IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 33230 of 2006(E) --------------------------------------- PETITIONER(S): ----------------------- THANKAPPAN, S/O.VELAYUDHAN, AGED 76 YEARS, MULLAVAYALIL VEEDU, MARROETHURUTH VILLAGE, KOLLAM TALUK. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, TRIVANDRUM. 2. THE COMMISSION OF LAND REVENUE, PUBLIC OFFICE BUILDING, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. SOBHANA, W/O.SUNDARESAN, SUNDARAVILASAM VEEDU, KANDRANKANI MURI, MARROETHURUTH VILLAGE, KOLLAM. 5. RASHIMON, S/O.SUNDARESAN, SUNDARAVILASAM VEEDU, KANDRANKANI MURI, MARROETHURUTH VILLAGE, KOLLAM. GOVERNMENT PLEADER SRI.MOHAMED ANZAR FOR R1-3 SRI.G.BHAGAVAT SINGH FOR R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33230/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT DT. 9.12.98 IN WPC. 12761/93 OF THIS HONOURABLE COURT. P2:- COPY OF THE COMPLAINT DT. 31.5.05 BEFORE THE 3RD RESPONDENT. P3:- COPY OF THE COMPLAINT DT. 12.1.06 BEFORE THE 2ND RESPONDENT. P4:- COPY OF THE JUDGMENT DT. 29.5.06 IN WPC. 13850/06. P5:- COPY OF THE PROCEEDINGS DT. 17.10.06. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE ORDER DT. 29.8.06 IN RP. NO.757/06 IN WPC. NO.13850/06 OF THIS HONOURABLE COURT. R4(b):- COPY OF THE ORDER NO.D3 205/99(1) DT. 25.2.2000 PASSED BY THE ASSISTANT DIRECTOR OF RE-SURVEY, KOLLAM. R4(c):- COPY OF THE RE-SY.PLAN OF FIELD NO.215 IN BLOCK 6 SUPPLIED BY THE ASSISTANT DIRECTOR OF RE-SYRVEY WITH NECESSARY ENDORSEMENT ALONG WITH R4(b). R4(d):- COPY OF THE INITIAL PLAN PREPARED BY THE RE-SURVEY AUTHORITY IN THE YEAR 1972 AND SUBSEQUENTLY CORRECTED AS PER DECISION IN ALC NO.36192/87 FILED BY RAMAN SUNDARESAN. R4(e):- COPY OF THE TAX RECEIPT NO.0510701 DT. 24.7.08 FOR THE YEAR 2008 ISSEUD BY THE VILLAGE OFFICER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.33230 of 2006 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The challenge is on Ext.P5 proceedings of the District Collector, Kollam. The issue pertains to the common boundary measurement in Block No.6, Sy.No.215 of sub division 4 and 5 in Manrothuruth Village, Kollam Taluk. As per the impugned order the petitioner has been relegated to resolve the disputes through the civil court, after cancelling the earlier orders. Petitioner has two remedies; (1) the statutory remedy before the Land Revenue Commissioner; (2) as already stated in the impugned order by the District Collector, in view of the factual disputes involved in the matter, to pursue the remedy before the civil court. In either case, it is made clear that, the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. In case the petitioner goes for either remedy needless to say, in that view of the matter, all the contentions are left open. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.33230 of 2006 ----------------------------------- JUDGMENT 22nd October, 2008