IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 28800 of 2008(C) -------------------------- PETITIONERS: --------------- 1. INSTITUTE OF BROTHERS OF ST.GABRIEL, CHINNAKANAL, IDUKKI REPRESENTED BY ITS REGIONAL SUPERIOR, BROTHER THOMAS K.K. 2. BABU CHERIAN, 7C, TOC H RETREAT, VYTTILA, KOCHI-682 019. 3. SAVIO GONSALVES, BETHLAHEM HOUSE, PALLURUTHY, COCHIN. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT: ------------------- THE TAHSILDAR, UDUMBANCHOLA, IDUKKI. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.28800 of 2008 -------------------------- Dated this the 3rd October, 2008 J U D G M E N T Petitioners 1 to 3 purchased 4.39, 1.47 and 3.17 acres of land in Sy.No.20/1 of Chinnakanal village under Exhibits P1 to P4 sale deeds. According to the petitioners, properties are lying contiguous . Thereafter, they submitted Exhibits P5, P6 and P7 applications seeking a survey and demarcation of the boundaries of the properties. Properties have already been surveyed and demarcated. Therefore, if it is necessary to survey and demarcate the properties under the provisions of the Survey and Boundaries Rules, 1994, Rule 43 of the Survey and Boundaries Rules, 1994 enables a person to file an application pointing out the boundaries of the registered land already surveyed and demarcated. 2. In the circumstances, the first respondent shall treat Exhibits P5 to P7 applications as one preferred under Rule 43 of the Survey and Boundaries Rules, 1994 and W.P ( C) No.28800 of 2008 2 proceed, in accordance with law. Notice shall be given to the adjoining property owners under Rule 48 of the Survey and Boundaries Rules, 1994 before further action is taken by the authority. Needful shall be done within three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 1st respondent,for compliance. (V.GIRI,JUDGE) ma W.P ( C) No.28800 of 2008 3 W.P ( C) No.28800 of 2008 4