IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 24701 of 2005(N) -------------------------- PETITIONER: ------------ D.VENKITARAMAN POTTY, S/O.DASAN POTTY, AGED 79, KIZHAKKE MADAM, ATTINGAL, NOW RESIDING AT `KRISHNA BHAVAN', T.C.20/1331 MANGOTTU LANE, KARAMANA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI SRI.K.RADHAKRISHNAN SRI.P.M.JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLECTORATE, THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR, SREE PANDARAVAKA, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, TALUK OFFICE, ATTINGAL. 5. THE TALUK SURVEYOR, TALUK OFFICE, CHIRAYINKIZH TALUK, ATTINGAL. BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF PARTITION DEED NO.118/1953. P2: TRUE COPY OF PROCEEDINGS OF R3. P3: TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DT.3.7.2001 IN OP NO.16618/2001. P4: TRUE COPY OF APPLICATION SUBMITTED TO R4. P5: TRUE COPY OF REQUEST LETTER DT.23.2.2004 TO R4. P6: TRUE COPY OF LETTER ISSUED BY R5 ON 3.5.2004. P7: TRUE COPY OF LETTER ADDRESSED TO R5. P7(a): TRUE COPY OF POSTAL RECEIPT. P8: TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DT.7.10.2004 ISSUED FROM CHIEF MINISTER'S OFFICE. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.24701 of 2005 .................................................................... Dated this the 27th day of June, 2008. JUDGMENT Prayer in the W.P. is for direction to the 5th respondent to survey and demarcate the property held by the petitioner under partition deed. Government Pleader submitted that the Village Officer on verification found that the petitioner is in possession of only 4.5 cents of land as against his claim of 8 cents under the partition deed. The petitioner is stated to be informed about the shortage through letter dated 27.9.2001. I do not know how petitioner can increase the extent of his holding through the process of survey. However, if petitioner has made an application for survey, the property in his possession should be surveyed and sketch should be given to him irrespective of whether the property is consistent with the documents or not. The 5th respondent is directed to survey the property and give a sketch of actual possession. If petitioner's property is in the occupation of any other person, it is for the petitioner to recover the same, if permissible, under any legal process. The W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms