IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 34555 of 2008(L) -------------------------- PETITIONER(S): --------------- ANNAMMA CHERIAN, W/O.CHERIAN, AGED 47 YEARS, MOLOTH KANDATHIL, ERAVIPEROOR, THIRUVALLA. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA 2. DISTRICT SUPERINTENDENT OF SURVEY PATHANAMTHITTA. 3. THAHSILDAR, TALUK OFFICE, THIRUVALLA. 4. VILLAGE OFFICER,ERAVIPEROOR. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34555/2008 -------------------- Dated this the 5th day of December, 2008 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader. 2. Petitioner obtained 1 acre 34 cents in Re-Survey No.403/1 of Eraviperoor Village by means of a partition. An extent of 5 cents of land was also acquired by her on assignment, as evidenced by Ext.P1. It seems that 1 cent out of 5 cents received on assignment, was later assigned to a neighbour. 3. Petitioner points out that during the course of re- survey proceedings, 5 cents of land obtained on assignment under Ext.P1 was not shown as part of the petitioner's holding. Therefore, petitioners' father, along with the assignee, preferred an appeal before the Re-Survey Superintendent. W.P.(C).34555/2008 2 4. It seems that measurement was conducted and tax was also being remitted for 5 cents as such. On 6.10.2008, petitioner cut the trees from her property and this was met with Ext.P4 notice by the Village Officer stating that certain trees which have been cut by the petitioner are situated outside the property. Petitioner challenges Ext.P4 inter alia on the ground that, had measurement and demarcation been completed as directed in Ext.P2, then, it would have been found that the trees cut were located within the petitioner's registered holding. A comprehensive representation has been filed by the petitioner before the District Collector. 5. Learned Government Pleader submits that taking note of the fact that Ext.P2 is dated 1.12.1988, a demarcation of the boundaries of the property, if necessary after a fresh survey, shall be undertaken and further proceedings, pursuant to Ext.P4, shall be taken only after such survey and demarcation. Submission is recorded. W.P.(C).34555/2008 3 6. In the result, writ petition is disposed of directing the third respondent to conduct a measurement of the property in the possession of the petitioner, with specific reference to boundaries of the property marked under Ext.P1, and with reference to Ext.P2 as well, within one month from the date of receipt of a copy of this judgment. To enable him to do so, petitioner shall produce a copy of the judgment along with a detailed representation before the third respondent. Further proceedings pursuant to Ext.P4 shall be taken only after such measurements are completed. V.GIRI, Judge mrcs