IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 30671 of 2008(B) -------------------------- PETITIONER: -------------- P.N.MOHANAN, S/O. PACHU, MADHESH BHAVANAM, EZHAMKULAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENTS: ---------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. REVENUE DIVISIONAL OFFICE, O/O. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA. 3. T.P.SOMAN, PANAMPARAMBIL THAKADIYIL VEEDU, PERINADU VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. R1 & R2 BY GOVERNMENT PLEADER, SMT.N. SUDHA DEVI R3 BY ADV. SRI.V.PHILIP MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 30671/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE REPRESENTATION DATED 19.5.08 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2 : TRUE COPY OF THE PETITION DATED 19.07.08 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 30671 OF 2008 ------------------------------------------------- Dated this the 16th day of June, 2009 JUDGMENT The petitioner and the 3rd respondent are cousins. The petitioner’s father, who was the uncle of the 3rd respondent, bequeathed 18 cents of land to the petitioner. The 3rd respondent has properties adjacent to the same. There is a dispute regarding the boundaries of the said land. In order to resolve that dispute, the petitioner submitted Exts.P1 and P2 applications before respondents 1 and 2 to get the property measured. The same was forwarded to the Tahsildar, Ranni for appropriate action. However, no further proceedings have been taken by the Tahsildar in the matter. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction against the respondents 1 & 2 to take immediate action on Exhibits P1 & P2 within a stipulated time frame; ii. Pass a writ of prohibition against the 2nd respondent from delaying further action under Exhibits.P1 & P2 at the instance of 3rd respondent and his political masters;” 2. No counter affidavit has been filed either by respondents 1 and 2 or the 3rd respondent. Counsel for the 3rd respondent stoutly WPC : 30671/08 -:2:- opposes the prayers of the petitioner. According to him, there is a dispute regarding boundaries of the property which is pending adjudication in a civil suit and therefore the property cannot now be measured. I have heard the learned Government Pleader also. 3. Simply because a suit is pending, that cannot prevent the petitioner from getting his property measured by the revenue authorities. The 3rd respondent cannot have any objection regarding the same, insofar as such measurement would only result in fixation of the actual boundary. In the above circumstances, this writ petition is disposed of directing the Tahsildar, Ranni to measure the property of the petitioner as requested in Exts.P1 and P2 with notice to the petitioner and the 3rd respondent as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Respondents 1 and 2 shall see that the Tahsildar completes the measurement and issues a sketch to the petitioner and the 3rd respondent within the said time. I make it clear that the dispute, regarding the property between the petitioner and the 3rd respondent, is left open to be resolved in the civil suit pending. S. SIRI JAGAN, JUDGE ttb WPC : 30671/08 -:3:-