IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 6799 of 2010(Y) ------------------------- PETITIONER(S): --------------- 1. BROTHER THOMAS K.K., REGIONAL SUPERIOR, INSTITUTE OF BROTHERS OF ST.GABRIEL CHINNAKANAL, IDUKKI. 2. BABU CHERIAN, 7 C, TOC H RETREAT, VYTTILA, KOCHI-682 019. 3. SAVIO GONSALVES, BETHLAHEM HOUSE, PALLURUTHY, COCHIN. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE TAHSILDAR, UDUMBANCHOLA, IDUKKI. 2. THE TALUK SURVEYOR, UDUMBANCHOLA TALUK, IDUKKI. BY GOVT.PLEADER SHRI SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No. 6799 OF 2010 ----------------------------------------------------- DATED THIS THE 19th DAY OF MARCH, 2010 J U D G M E N T The petitioners are claiming possession of various items of properties covered by Exhibits P1 to P4 documents. According to the petitioners, the properties are lying contiguous. There was some dispute between the petitioners and the respondents with regard to the title and possession of the properties of the petitioners. In the light of the above, the petitioners approached this Court by filing W.P.(C)No.14676/08 and 19593/08. This Court directed the respondents to take further action only after notice to the petitioners, after providing a personal hearing. Thereafter the petitioners filed Exhibits P5 to P7 representations in the matter. The petitioners had approached this Court by filing W.P.(C)No.28800/2008, since there was no response further. That Writ Petition was disposed of by Exhibit P8 judgment directing that notice should be given to the adjoining property owners under Rule 48 of the Survey and Boundary Rules, 1994 before further action is taken by the authority. Thereafter the W.P.(C)No.6799/10 -2- petitioners were issued notice as per Exhibit P9 and carried out the survey on their property. They were not issued the survey sketch, even though it was promised. 2. Failing to get any reply in the matter and seeking for copies of the orders as well as the survey sketch, this Writ Petition has been filed. 3. Heard the learned Government Pleader, for respondents. Going by the communication from the Tahsildar, Udumbanchola,the copy of which was submitted for perusal, the Taluk Surveyor and the petitioners were present for survey operations on 2.1.2009. As per the documents produced by the petitioners, the land involved in the case is in Sy.No.20/1 of Chinnakkanal Village. But the 1st and 3rd petitioners were pointing out certain pieces of land in Sy.No.495(included in 70 Acres of Government land in Survey Nos.495, 532, 540 and 541) of Chinnakkanal Village as in their possession. The 2nd petitioner was pointing out a part of the land in Sy.No.529 of Chinnakkanal Village as in his possession. It is mentioned that the survey records and the documents produced by them were verified and W.P.(C)No.6799/10 -3- the entries in the basic tax register were also verified and the status of the land is Government Puramboke. Finally it is pointed out that none of the petitioners were having any valid title over the land claimed to be in their possession and therefore the Taluk Surveyor could not conduct the survey and issue sketches of the land in question. Report in that regard by the Taluk Surveyor was received by the Tahsildar, Udumbanchola on 17.3.2010 and a formal intimation of disposal of application for survey by the petitioners will be issued without delay. 4. Therefore, there will be a direction to the 1st respondent to communicate the result of the survey to the petitioners within a period of three weeks from the date of receipt of a copy of this judgment. Leaving open the remedy of the petitioners to challenge the same, the Writ Petition is disposed of. T.R.RAMACHANDRAN NAIR, JUDGE dsn