IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27341 of 2011(P) -------------------------------------- PETITIONER: ------------------- SHAMSUDEEN RAWTHER, AGED 71 YEARS, S/O.FAKEER MUHAMMED RAWTHER, RESIDING AT FASAL MANZIL, PATTAZHI VADAKKEKARA, PATHANPURAM. BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENTS: ------------------------ 1. SUPERINTENDENT (RE-SURVEY), OFFICE OF THE SUPERINTENDENT (RE-SURVEY), KARUNAGAPPALLY, PIN-691 008. 2. DIRECTOR (SURVEY), DEPARTMENT OF SURVEY, DRECTOR'S OFFICE, VAZHUTHACADU, TRIVANDRUM, PIN-695 003. 3. ASST. DIRECTOR (RE-SURVEY) ASST. DIRECTOR'S OFFICE, KOLLAM, PIN-691 001. R1 TO R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27341/2011-P: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE TAX RECEIPT. EXT.P.2: COPY OF THE LETTER DTD. 26/08/2009, DISTRICT COLLECTOR, KOLLAM. EXT.P.3: COPY OF THE ALC.NO.289/2010. EXT.P.4: COPY OF THE LETTER IN ALC.NO:289/10. EXT.P.5: COPY OF THE SURVEY PLAN DTD. 20/10/1966. EXT.P.6: COPY OF THE LETTER DTD. 16/11/2009. EXT.P.7: COPY OF THE LETTER ISSUED BY RE-SURVEY ASSISTANT DIRECTOR. EXT.P.8: COPY OF THE OLD SURVEY PLAN. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 27341 OF 2011 ===================== Dated this the 17th day of October, 2011 J U D G M E N T According to the petitioner, he owns 2.50 cents of property in old Sy.No.2335/1 of Pattazhi Vadakkekkara Village. It is his grievance that property on the North is in old Sy.No.2334 and that when resurvey stones were laid by the 1st respondent, a survey stone was laid inside the petitioner's property. When he complained, he was directed to take up the matter by filing ALC and that accordingly, Ext.P3 was filed resulting in Ext.P4. 2. A reading of the writ petition shows that Exts.P7 and P4 are the impugned orders where the complaint of the petitioner that resurvey stone has been wrongly laid and that too inside his property has been rejected mainly on the ground that the stone was laid on fixing the boundary of old Sy.No.2334 mentioned above. 3. In my view, what arises is the correctness of the fixation of boundary. Any contention of the petitioner concerning the above issue involves adjudication of disputed questions of fact and appreciation of various documents. Such an adjudication is WPC No. 27341/11 :2 : impermissible in a proceedings under Article 226 of the Constitution of India and therefore the remedy of the petitioner is to move under Section 14 of the Survey and Boundaries Act, 1961. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp