IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 17548 of 2008(L) -------------------------- PETITIONER: --------------- C.N.SANKARAN, RESIDING AT CANBIRIKKAL HOUSE, THENGODUKARA, KAKKANADU VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.C.SURESH MENON RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DEPUTY DIRECTOR, SURVEY AND LAND RECORDS, ERNAKULAM. 3. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.17548 OF 2008 ---------------------------------------- Dated this the 12th day of June, 2008 JUDGMENT The petitioner purchased two acres of land by Ext.P1 sale deed. According to the petitioner, due to mistaken identity of property, the same fell in possession of other persons. Although the petitioner tried to recover possession of the same by filing a suit, he lost the suit and he lost in appeal also. Now he seeks the following reliefs: “i) issue a writ in the nature of mandamus directing the third respondent to consider on merit Exhibit P2 application and pass orders on the same after affording to the petitioner or any other interested persons an opportunity of being heard (ii) issue a writ in the nature of mandamus directing the third respondent to take separate steps to identify the property covered by Exhibit P2 sale deed”. I am of opinion that after having failed in a suit, the petitioner cannot now seek to re-open the entire issue by seeking a direction to re-measure the property. In the above circumstances, I do not find any merit in this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE Acd