IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 2387 of 2009(H) ------------------------- PETITIONER(S): --------------- 1. DR.K.SATHESAN, MUTHU, K.V.KANNAN COMPLEX, KATTAKKADA P.O., NEYYATTINKARA TALUK. 2. SMT.PREMALATHA, W/O.DR.K.SATHESAN, MUTHU, K.V.KANNAN COMPLEX, KATTAKKADA P.O., NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM. 2. THE ADDITIONAL TAHSILDAR, NEYYATTINKARA. 3. V.VASUDEVAN, ASWATHY, KATTAKODU ROAD, KATTAKKADA P.O., NEAR MOSQUE, THIRUVANANTHAPURAM (DIST). 4. V.RAVEENDRAN, RASHMI NIVAS, PULIPPARA, KARIPOOR, NEDUMANGADU P.O., THIRUVANANTHAPURAM (DIST ). ADV. SRI.M.R.SARIN FOR R4 SRI.P.V.ANIL FOR R3 MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2387/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF SETTLEMENT DEED NO.1561 DATED 28/06/1972 EXECUTED BY 2ND PETITIONER'S FATHER. P2 : COPY OF SETTLEMENT DEED NO.517 DATED 23/03/1979 EXECUTED BY 2ND PETITIONER'S MOTHER. P3 : COPY OF RE-SURVEY PLAN. P4 : COPY OF THANDAPPER REGISTER OF R3. P5 : COPY OF THANDAPPER REGISTER OF R4. P6 : COPY OF APPLICATION DATED 04/08/2008 FILED BY THE PETITIONERS TO R1. P7 : COPY OF LETTER DATED 11/08/2008 ISSUED BY R1 TO R2. P8 : COPY OF REPORT AND PLAN OF TALUK SURVEYOR, NEYYATTINKARA. P9 : COPY OF LETTER DATED 6/12/2008 ISSUED BY R2 TO THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.2387 of 2009 (H) --------------------------------- Dated, this the 25th day of March, 2010 J U D G M E N T Ext.P6 is an application made by the petitioners under Section 13A of the Kerala Survey and Boundaries Act, 1961, which confers power on the District Collector to pass orders rectifying discrepancy, inaccuracy, defect or mistake of any kind crept in the determination of the boundary of any property. The District Collector considered the application and issued Ext.P9 requiring the petitioners to approach Civil Court since neighbouring property has objected to a determination of the boundary. It is challenging Ext.P9, this writ petition has been filed. 2. A reading of Section 13A of the Act, which confers power of revision on the District Collector, shows that it is for the District Collector to examine as and when an application is made in a proper way, and in such a case, the Collector cannot decline to exercise his statutory power, relagating the person concerned to seek his remedy before the Civil Court. Therefore, I cannot agree WP(C) No.2387/2009 -2- with the view taken in Ext.P9. 3. Therefore, Ext.P9 will stand set aside, and the District Collector is directed to reconsider Ext.P6 application filed by the petitioners exercising his provisions under Section 13A of the Kerala Survey and Boundaries Act, 1961 and pass appropriate orders in the matter. This shall be done as expeditiously as possible, with notice to respondents 3 & 4. The petitioners shall produce a copy of this judgment before the District Collector for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg