IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18032 of 2011(D) -------------------------- PETITIONER(S): --------------- 1. THANDAMMA JOSEPH, W/O. JOSEPH, AGED 72 YEARS, THENGAPURACKAL HOUSE, KALLIDAYITHADAM, NEAR T.V. STATION, KAKKANAD, COCHIN - 682 037. 2. DICY LOPEZ, AGED 37 YEARS, W/O. JOSEPH LOPEZ, THAIPARAMBIL HOUSE, KALLIDAYITHADAM, NEAR T.V. STATION, KAKKANAD, COCHIN - 682 037. BY ADV. SRI.M.JITHESH MENON SRI.K.B.SAJEESH RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, KAKKANAD, COCHIN - 682 030. 2. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA POLICE STATION, KAKKANAD, COCHIN - 682 030. 3. KOCHUKANNAN THEVAN, KALLIDAYITHADAM, NEAR T.V. STATION, KAKKANAD, CSEX.P.O, KOCHI - 682 037. 4. AMBIKA, D/O. KOCHUKANNAN THEVAN, KALLIDAYITHADAM, NEAR T.V. STATION, KAKKAND, CSEZ.P.O,KOCHI - 682 037. ADDL.R5.THE TALUK SURVEYOR, KANAYANNUR TALUK (ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED .4/7/2011 IN WP(C) BY GOVT.PLEADER SMT.C.M.CHARISMA (R1 & R2 & ADDL.R5) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 18032 OF 2011 ------------------------ Dated this the 7th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition under Article 226 is filed by the petitioners seeking police assistance in the matter of conduct of measurement of properties and demarcation of the boundaries between the properties of the petitioners and respondents 3 and 4. It is alleged in the writ petition that when the Taluk Surveyor attempted to conduct measurement with the objective of demarcating the boundaries, the party respondents obstructed. Considering the above allegation, this court on 4/7/2011 passed the following order; The Taluk Surveyor, Kanayannur Taluk is impleaded suo motu in this WP(C) as additional 5th respondent. The Registry will carry out the necessary corrections in the cause title. Government Pleader takes notice on WPC.No.18032/2011 2 behalf of respondents 1 and 2 and addl. respondent No.5. Government Pleader will seek instruction from the addl. 5th respondent regarding the allegations raised by the petitioners in this WP(c). Specific instructions will be sought for on the issue as to whether the Taluk Surveyor is being instructed by anybody in the matter of carrying out the survey work. 2. Today, the learned Government Pleader on the basis of the instructions from the Taluk Surveyor submitted that the Taluk Surveyor attempted to conduct the measurement on 19/5/2011 and at that time he was obstructed by respondents 3 and 4. Accordingly, measurement was postponed to 8/7/2011. On the basis of the instructions from the police, the learned Government Pleader submitted that on receiving the complaint of the petitioners the police summoned respondents 3 and 4 and they have been instructed not to cause any obstructions in the matter of conduct of measurement by the Taluk Surveyor. According to the Government Pleader, it is unlikely that there will WPC.No.18032/2011 3 be further obstruction when the Taluk Surveyor attempts measurement on 8/7/2011 i.e. tomorrow. 3. Under the above circumstances, we are of the view that the writ petition can be disposed of issuing the following directions; The Additional 5th respondent Taluk Surveyor is directed to conduct the measurement which is presently scheduled to 8/7/2011. If any obstruction is made by respondents 3 and 4 in the matter of conduct of measurement, he shall seek necessary assistance from the first respondent (The Sub Inspector of Police). If any such request is received from the Taluk Surveyor, the first respondent shall render such protection as is warranted in the circumstances of the case, so that the measurement goes on smoothly and the disputed boundary is demarcated. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk