IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 8530 of 2010(M) -------------------------------- PETITIONER: --------------- JOSEPH ALLESH, 70 YEARS, S/O.ALLESH, KOLARIKKAL HOUSE, POOVAPPARA POST, CHELAD JUNCTION-686 601. BY ADV. MR.MATHEW JOHN (K) RESPONDENT(S): --------------- 1. THE RESURVEY SUPERINTENDENT, MINI CIVIL STATION, ALUVA, ERNAKULAM. 2. GEORGE DOMINIC, KOLARIKKAL HOUSE, POOVAPPARA POST, CHELAD JUNCTION-686601. ADV. MR.K.M.SATHYANATHA MENON FOR R2 MR. K. RAMESH – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8530 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF AGREEMENT DTD 29.3.85 EXECUTED BY THE PETITITONER AND HIS BROTHER EXT.P2: COPY OF REPRESENTATION DATED 9.1.2009 BY THE PETITIONER. EXT.P3: COPY OF ACKNOWLEDGEMENT. RESPONDENT'S EXHIBITS EXT.R1(a): COPY OF TAX RECEIPT OF THE PROPERTY OF RESPONDENT'S FATHER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.8530 OF 2010 ------------------------------- Dated this the 27th day of MAY, 2010 J U D G M E N T There is a dispute regarding boundary between the petitioner and the second respondent in respect of their properties. The petitioner wants to get the property surveyed in accordance with Section 10 of the Survey and Boundaries Act. Seeking this relief, the petitioner has filed Ext.P2 petition before the first respondent. The petitioner seeks consideration of Ext.P2 in accordance with Section 10 of the Survey and Boundaries Act. This is objected to by the learned counsel for the second respondent stating that the remedy of the petitioner lies in filing a suit under Section 14 of the Act. In view of the fact that a survey as per Section 10 would not finally dispose of the disputes between the parties, I feel that Ext.P2 petition can be considered in accordance with Section 10. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider Ext.P2 in accordance with W.P.(c)No.8530/2010 2 Section 10, after affording an opportunity of being heard to the petitioner as well as the second respondent, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.8530/2010 3