IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 5645 of 2009(A) ------------------------- PETITIONER(S): --------------- V.N.KRISHNAN, VILAYIL VEEDU, KARICHAL , PULLUVILA PO., THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): --------------- 1. DIRECTOR OF SURVEY, DIRECTORATE OF SURVEY, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM 3. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 4. TAHSILDAR, TALUK OFFICE, NEYYATTINKARA. 5. TALUK SURVEYOR, NEYYATTINKARA. 6. R.MADHAVAN, KOLLALAKKAL HOUSE, KARICHAL, PULLUVILA P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 7. N.CHANDRIKA, W/O.R.MADHAVAN, KOLLALAKKAL HOUSE, KARICHAL, PULLUVILA PO., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. ADV. SRI.R.GOPAN FOR R6 & 7 GOVT. PLEADER SHRI.DILIP MOHAN FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.8.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 5645/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE REPORT DTD.7.1.2008 OF THE TALUK SURVEYOR. P2. COPY OF THE PLAINT IN O.S.NO.609/07 ON THE FILES OF MUNSIFF'S COURT, NEYYATTINKARA. P3. COPY OF THE WRITTEN STATEMENT IN O.S.NO.609/07. P4. COPY OF THE ORDER DD.25.10.07 IN THE ABOVE O.S. P5. COPY OF THE JUDGMENT IN W.P.(C).No. 5481/08 OF THIS COURT. P6 COPY OF THE ORDER DTD.4.4.08 OF R1. RESPONDENT(S)' EXHIBITS: R6A. COPY OF THE ROUGH SKETCH. “B. COPY OF THE REPRESENTATION DTD.8.2.08 BY R6 AND R7 TO R1. “C. COPY OF THE ORDER IN I.A.NO.399/08 IN C.M.A.NO.9/2008 OF THE SUB COURT, NEYYATTINKARA. “D. COPY OF THE ORDER IN IA.NO.399/08 IN C.M.A.NO.9/2008 OF ABOVE COURT. “E. COPY OF THE I.A.NO.3738/08 IN OS.NO.609/07. “F. COPY OF THE OBJECTION IN I.A.NO.3738/08 BY THE PETITIONER. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.5645 of 2009 ================== Dated this the 27th day of August, 2009 J U D G M E N T The petitioner moved the 4th respondent for survey and demarcation and fixation of boundary in respect of his property, which is lying adjacent to the properties of respondents 6 and 7. There is a dispute regarding the boundary, which is pending in O.S.No.609/2007 before the Additional Munsiff's Court, Neyyattinkara, in which there was an interim injunction restraining respondents 1 to 5 from conducting any survey in the property. Although by Ext.P4 order, the Munsiff directed to maintain status quo, it was made it clear that the same will not affect respondents 4 and 5 surveying the property. Meanwhile, respondents 6 and 7 filed W.P.(C).No.5481/08, in which, by Ext.P5 judgment, this Court directed the 1st respondent to pass orders on Ext.P10 after hearing both the petitioner and respondents 6 and 7. The 1st respondent passed Ext.P6 order directing respondents 4 and 5 to measure the property. The petitioner's grievance in this writ petition is that no steps are being taken to implement Ext.P6 order. 2. A counter affidavit has been filed by the 6th respondent wherein, they have produced Ext.R6(d) order in I.A. 399/2008 in C.M.A. 9/2008, wherein in appeal against the order of the Munsiff's Court, the Sub Judge has passed an order restraining respondents 1 to W.P.C.5645/09 2 5 from conducting the survey. As long as that order subsists, the petitioner cannot get the relief prayed for in this writ petition. Therefore, without prejudice to the right of the petitioner to move appropriately after the Sub Court decides either way, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge