IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 15919 of 2008(T) -------------------------------------- PETITIONER(S): --------------------- MATHEWS, AGED 69 YEARS, S/O.PAULOSE, THATTAYATH HOUSE, PAYIPRA KARA, MULAVOOR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, ERNAKULAM. 2. TAHSILDAR, MUVATTUPUZHA. 3. TALUK SURVEYOR, MUVATTUPUZHA. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 15919/2008-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DATED 28/01/2005 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE CHELAN NO.1541 FOR PAYMENT OF MONEY REMITTED BY THE PETITIONER. EXT.P3: COPY OF THE NOTICE DATED 22/02/2005 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER THROUGH HIS COUNSEL DATED 25/07/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.15919 of 2008 ------------------------- Dated this the 30th day of October, 2008. JUDGMENT The petitioner has filed this writ petition praying for a direction to respondents 1 to 3 to fix the boundaries of the petitioner's property and hand over the certified copy of the plan based on the measurement made by the 3rd respondent Taluk Surveyor on 14.3.2005, during the pendency of the writ petition. 2. A counter affidavit has been filed by the 2nd respondent Deputy Tahsildar. Paragraphs 2, 3 and 4 of the counter affidavit read as follows: “2. It is submitted that the petitioner submitted an application for measuring his property and fixing the boundary. He remitted the fees as per the Rule of Survey and Boundaries Act. The property was measured and demarcated by the Taluk Surveyor on 14.03.2005 and the boundaries were pointed out to petitioner by the Taluk Surveyor. Taluk Surveyor has demarcated the property and peg marked the boundary. The petitioner raised no objection against the demarcation and had given statement accordingly. 3. It is submitted that the Tahsildar ordered to issue the sketch to the petitioner on remitting the required fee for the sketch within W.P.(C).NO.15919/08 :: 2 :: stipulated time. As the survey stones were not available with the department at that time, the boundaries were just peg marked. The petitioners complaint about the encroachment should be enquired into separately. The content of his application was to point out the boundary. Taluk Surveyor has complied with the application. 4. In normal cases, while fixing the boundary, the sketch is not given to the applicant unless there is a special reason and a special application with the proper fees. In the normal circumstances, Taluk Surveyor is not legally bound to give the sketch to the applicant.” 3. If boundaries have been fixed, then it is necessary to take follow up action by fixing the survey stones as well. This shall be done at the earliest. I am of the view that the grievance has been redressed substantially. Writ petition is disposed of subject to the above direction. Sd/- (V.GIRI) JUDGE sk/ //true copy//