IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 20904 of 2006(L) --------------------------------------- PETITIONER(S): ------------------------ AUGUSTINE, AGED 66, S/O.THOMA, KORAMANGALATH HOUSE, ERUMATHALA, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. MR.K.B.SURESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, ALUVA TALUK. 3. THE TALUK SURVEYOR, ALUVA TALUK. 4. VARGHESE, AGED 87, S/O.DEVASSY, KORAMANGALATH HOUSE, ERUMATHALA, ALUVA TALUK, ERNAKULAM DISTRICT. 5. JOHN, AGED 67, S/O.DEVASSY, KORAMANGALATH HOUSE, ERUMATHALA, ALUVA TALUK, ERNAKULAM DISTRICT. 6. JOHNSON, AGED 37, S/O.JOSEPH, KORAMANGALATH HOUSE, ERUMATHALA, ALUVA TALUK, ERNAKULAM DISTRICT. 7. ALEX, S/O.VARGHESE, KORAMANGALATH HOUSE, ERUMATHALA, ALUVA TALUK, ERNAKULAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT.REKHA C.NAIR R4 TO R7 BY ADV. MR.B.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 20904 of 2006 --------------------------------- Dated this the 18th day of August, 2009 JUDGMENT This writ petition is filed inter alia seeking a direction against respondents 1 to 3 for taking steps for fixation of the boundary line between the property of the petitioner and the contesting respondents. Learned counsel appearing for the contesting respondents submits that a civil suit filed by the petitioner seeking fixation of boundary has already been dismissed and the matter is now pending in appeal. The 2nd respondent had filed counter affidavit inter alia contending that the petitioner has got an effective statutory remedy by way of approaching the Deputy Director of Survey in order to correct errors or mistake if any, occurred in the re-survey records. Having confronted with the position that in view of the above said facts the writ petition is not maintainable, learned counsel appearing for the petitioner sought permission to withdraw the writ petition without prejudice to his rights to pursue the statutory remedy as well as the appeal suit. In view of the above request the writ petition is dismissed as withdrawn without prejudice to rights of the petitioner to pursue WPC.20904/2006 2 statutory remedies sustainable under law and to pursue proceedings before the civil courts. 18.8.2009. Sd/- C.K.Abdul Rehim,Judge. pmn/ /true copy/ PS to Judge. WPC.20904/2006 3