IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 OP.No. 5008 of 2003(U) ---------------------- PETITIONER: ------------ SHERIFA BEEVI, SHERI LAND, KARIKODU, KOLLAM -5. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 3. THE REGIONAL JOINT DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 4. SUPERINTENDENT OF SURVEY, A.L.C.NO.5, KOLLAM. 5. SALMA BEEVI, VELIYIL VEEDU (KANDANCHALIL), KILIKOLLOOR, KOLLAM. BY ADV. SRI.B.KRISHNA MANI FOR R5 SRI.V.PREMCHAND FOR R5 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 5008/2003. ------------------------------------------------------------- EXT.P1 TRUE COPY OF SUIT IN O.S.NO. 50/1992 OF SUB COURT, KOLLAM.. EXT.P2 ORDER DT. 21-4-1997. EXT.P3 APPLICATION DT. 16-11-1998. EXT.P4 COMMUNICATION ISSUED BY R4. EXT.P5 CIRCULAR DT. 26-7-1995. EXT.P6 REPRESENTATION DT. 31-10-2000. EXT.P7 ORDER DT. 27-1-2003. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 5008 of 2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th September, 2008. J U D G M E N T The dispute in this original petition is between the petitioner and the 5th respondent in respect of orders of the survey authorities. The subject matter, a shop having two shutters, of which the area covered by each shutter, was allotted to the petitioner and the 5th respondent in a partition in the year 1980. Subsequently, the 5th respondent filed a suit, viz. O.S.No. 50/1992 before the Sub Court, Kollam, wherein she contended that there is a mistake in the description of the partition deed, which requires to be appropriately corrected, since the same is at variance with the substantive portions of the partition deed. That suit is still pending. In the meanwhile, according to the petitioner, the 5th respondent surreptitiously obtained resurvey of the shop rooms in question and obtained an order in favour of the 5th respondent. Against the same, the petitioner filed another petition before the survey adalath in which the adalath decided in favour of the petitioner. The same was challenged by the 5th respondent, which ended in Ext. P7, wherein it was held that the decision of the adalath is wrong. It is challenging those proceedings that the petitioner has approached this Court . 2. I have heard learned counsel on both sides in detail. 3. I am of opinion that this is not an issue which can be finally decided by the survey authorities without intervention of the civil court. Admittedly, O.S.No. 50/1992 is pending before the Sub Court, Kollam in respect of the same subject matter. Unless that suit is finally decided, the survey cannot be effectively done in the matter. O.P.. No. 5008/2003. -: 2 :- Accordingly, this original petition is disposed of directing that status quo as on today shall be maintained until O.S.No. 50/1992 before the Sub Court, Kollam is finally disposed of. Survey shall be conducted only in accordance with the decree of the sub court in that suit. Sd/- S. Siri Jagan, Judge. Tds/