IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 35535 of 2009(J) -------------------------------------- PETITIONER(S): ---------------------- SUNNY T.CHACKO, AGED 50 YEARS, S/O.CHACKO, RESIDING AT THAIKKATTU HOUSE, NJARAKKAD, KADAVOOR P.O. BY ADV. MR.A.T.ANILKUMAR RESPONDENT(S): ------------------------ THE SECRETARY, PAINGOTTUR GRAMA PANCHAYATH, MUVATTUPUZHA, PIN- 686 671. BY ADV. MR.MURALI PURUSHOTHAMAN MR.DEEPU LAL MOHAN MR.LEENA MURALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.35535 OF 2009 ............................................ DATED THIS THE 9TH DAY OF DECEMBER, 2009 JUDGMENT The petitioner and the respondent panchayat were here on an earlier round of litigation that led ultimately to Ext.P4 judgment. The stand of the panchayat at that point of time was that the measurement carried out by the revenue authorities, as relied on by the petitioner, at that point of time, was without notice to the panchayat. Accordingly, following the judgment, the panchayat Secretary was to decide on the petitioner's request on the basis of the measurements that may be taken by the revenue department in the presence of the panchayat authorities. The learned counsel for the petitioner and the counsel appearing for the respondent state that measurements were taken by the revenue authorities in the presence of the panchayat officials and the Wpc 35535/09 2 petitioner. Now, the petitioner states through his counsel that he has received a communication from the panchayat stating that the panchayat does not accept the measurements of the Taluk Surveyor. The learned counsel for the respondent panchayat states on instructions that the panchayat has serious objections to the measurements of the Taluk Surveyor and matter is being taken up before the higher authorities by filing appeal before the competent appellate authority in the survey department. Under such circumstances, all that needs to be done is that the respondent shall finalise the request of the petitioner within a period of three weeks from the final decision of the survey department on the issue relating to identity of the boundary of the petitioner. All other issues on merits are left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/11/12