IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 26359 of 2009(L) ---------------------- PETITIONER : ----------------- SREEKUMAR K., MUTTATHU (BHANUVILASAM), VAKAYAR P.O., PATHANAMTHITTA. BY ADVS. SRI.V.K.SUNIL SMT.NIMA JACOB RESPONDENT(S): ------------------------ 1. THE TALUK SURVEYOR, KOZHENCHERRY, PATHANAMTHITTA. 2. THE DISTRICT SUPERINTENDENT OF SURVEY, PATHANAMTHITTA. 3. THE TAHSILDAR, KOZHENCHERRY, PATHANAMTHITTA. 4. SMT. SREEJA MANOJ, BHANUVILASATHU VAKAYAR P.O., PATHANAMTHITTA. 5. SRI. MANOJ KUMAR, KRISHNAVILASAM V. KOTTAYAM, PATHANAMTHITTA. R1 TO R3 BY GOVT. PLEADER SRI. T.K. ARAVIND KUMAR BABY R4 BY ADV. SRI.V.PHILIP MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...2/- WP(C).No. 26359 of 2009(L) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 3.7.2002 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF RE-SURVEY, PATHANAMTHITTA (S.A.NO. 1046/2002) EXT.P2: COPY OF THE JOINT APPLICATION DATED 8.8.2002 SUBMITTED BY THE PREDECESSORS OF THE PETITIONER AND THE 4TH RESPONDENT BEFORE THE DEPUTY DIRECTOR OF RE-SURVEY, PATHANAMTHITTA (S.A.NO. 1899/2002) EXT.P3: COPY OF THE REPORT PREPARED FOR SUB DIVIDING THE PROPERTIES BY THE VILLAGE OFFICER. EXT.P4: COPY OF THE STATEMENT IN FORM NO. 7 OF SHOWING THE SUB DIVISIONS EFFECTED IN SY.NO. 65/2. EXT.P5: COPY OF THE APPLICATION DATED 5.2.2009 SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE PUBLIC INFORMATION OFFICER OF THE PRAMADOM GRAMA PANCHAYATH. EXT.P6: COPY OF THE INFORMATION (AS PER LETTER NO. C2-62/09 DATED 17.2.2009) FURNISHED BY THE SECRETARY OF THE PRAMADOM GRAMA PANCHAYATH. EXT.P7: COPY OF THE LETTER NO. C-546/09 DATED 1.6.2009 ISSUED BY THE TOWN PLANNER, PATHANAMTHITTA TO THE SECRETARY OF THE PRAMADOM GRAMA PANCHAYATH. EXT.P8: COPY OF THE BUILDING PLAN SUBMITTED BY THE RESPONDENTS 4 AND 5. EXT.P9: COPY OF THE BUILDING PERMIT NO. C2-5/100/09 DATED 4.6.2009 ISSUED BY THE SECRETARY OF THE PRAMADOM GRAMA PANCHAYATH TO THE RESPONDENTS 4 AND 5. EXT.P10: COPY OF THE DEMAND NOTICE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF THE PRAMADOM PANCHAYATH. EXT.P11: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P12: COPY OF THE ORDER PASSED BY THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 23.7.2009 IN O.P.NO. 885/2009. EXT.P13: COPY OF THE NOTICE NO. C5-2718/09 DATED 20.2.2009 IN FORM NO. 13 ISSUED BY THE 3RD RESPONDENT. EXT.P14: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. ...3/- WP(C).No. 26359 of 2009(L) -3- EXT.P15: COPY OF THE NOTICE NO. C5-15968/09 DATED 8.9.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P16: COPY OF THE OBJECTION DATED 14.9.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS & ANNEXURES : EXT.R4(a): COPY OF THE AGREEMENT DATED 20.5.1998. EXT.R4(b): COPY OF THE LETTER DATED 24.3.2010. EXT.R4(c): COPY OF THE APPLICATION DATED 27.5.09 SUBMITTED BY SUMANGALAMMA G. EXT.R4(d): COPY OF THE REPLY ISSUED BY 2ND RESPONDENT IN RESPONSE TO EXHIBIT R4 (a). EXT.R4(e): COPY OF THE APPLICATION DATED 8.3.2010 TO THE SECRETARY OF PRAMADAM GRAMA PANCHAYATH. EXT.R4(f): COPY OF THE APPLICATION DATED 12.4.2010 TO THE PANCHAYATH PRESIDENT. EXT.R4(g): COPY OF THE LETTER DATED 8.4.2010. EXT.R4(h): COPY OF THE LETTER DATED 17.4.2010. ANN.EXT-1: COPY OF THE ORIGINAL SURVEY SKETCH OF RC-SY.NO.65/2. ANN.EXT-2: COPY OF THE APPLICATION BEFORE THE RC-SY. SUPERINTENDENT-II FOR SUB DIVISION OF THE PROPERTY. ANN.EXT-3: COPY OF THE SURVEY SKETCH AFTER SUB DIVISION AS RC-SY. NOS.65/2 & 65/5. ANN.EXT-4: COPY OF THE SURVEY SKETCH PREPARED BY the TALUK SURVEYOR. //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.26359 OF 2009(L) -------------------------------------------------- Dated this the 8th day of October, 2010 J U D G M E N T Petitioners and respondents 4 and 5 are immediate relatives. It would appear that they are staying in their ancestral house which was partitioned and the petitioners and respondents are now staying in their respective partitioned portions. Respondents 4 and 5 wanted the property to be surveyed and accordingly Ext.P14 notice was issued. It was challenging Ext.P14 that the writ petition was filed. 2. By order dated 10th October, 2009, this court permitted the survey to be conducted. Accordingly, survey was conducted and the Surveyor's report has been produced before this court along with memo dated 9.2.2010 of the learned Government Pleader. According to respondents 4 and 5, they were willing to accept the report of survey produced along with memo dated 9.2.2010, but the petitioners raised objection against the report. It is stated that, the objections thus raised led to the order dated 7.7.2010, where this court directed the Survey Superintendent to consider the objections against the report of survey produced WPC.No. 26359/09 :2 : along with memo dated 9.2.2010. It is stated that accordingly a fresh survey was conducted and the report is also seen filed. 3. In the light of these developments, all that is necessary is to leave it open to the parties to approach the Survey Superintendent to get copies of the survey sketch and the second survey report and to apply for further orders based on the survey reports that are now available or to seek legal remedies against the reports if they are aggrieved. Leaving open the parties to work out their remedies as indicated above, the writ petition is closed. (ANTONY DOMINIC) JUDGE vi/