IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 31145 of 2008(G) -------------------------- PETITIONER(S): --------------- DR.P.P. VIJAYAN, 3D, HEERA BHAVAN, AKKULAM ROAD, ULOOR, THIRUVANANTHAPURAM. BY ADV. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE TAHASILDAR, TALUK OFFICE, THIRUVANANTHAPURAM. 4. REGHAVAN PILLAI, SOMASEKHARAN NAIR.K.R, CHITHIRAMANGALAM HOUSE, CHERUVAKKAD, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.N SANTHOSH R1 - R3 ADV. SRI.L.MOHANAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31145 OF 2008 -------------------------- Dated this the 21stday of December, 2009 J U D G M E N T The petitioner purchased two adjoining parcel of lands as per the originals of Exts.P1 and P2 sale deeds. Thereafter mutation was also effected in the revenue records. The fourth respondent owns lands lying to the north of the lands purchased by the petitioner as per Exts.P1 and P2. The petitioner is not residing in the lands described in Exts.P1 and P2. Taking advantage of his absence, it is alleged that the fourth respondent removed the survey stones from the northern boundary of the petitioner's lands. The petitioner thereupon moved the District Collector requesting him to measure the property based on the survey records and to fix the boundary and to plant survey stones. The District Collector forwarded the said application to the Tahsildar, Thiruvananthapuram Taluk. The Tahsildar thereupon issued Exts.P5 , P6 and P7 notices calling upon the petitioner and the fourth respondent to appear on different dates along with the relevant records. The petitioner submits that though he and the fourth respondent appeared, the Tahsildar has not conducted the survey or fixed the boundary and W.P.(C) No. 31145/08 2 planted survey stones. In this writ petition, the petitioner seeks a direction to the second and third respondents to finalise the steps initiated by them for fixing the boundary of his property. 2. When the writ petition came up for further hearing today, the learned counsel appearing for the petitioner submitted that after Exts.P5, P6 and P7 notices were received, the Tahsildar Thiruvananthapuram Taluk has issued another notice dated 11.11.2008 and that the fourth respondent thereupon filed W.P.(C) No. 33517 of 2008 in this Court challenging the said notice, a copy of which was produced as Ext.P3 therein. The learned counsel also submitted that this Court has by judgment delivered on 13.11.2008 disposed of that writ petition with the observation that pendency of the civil suit instituted by the fourth respondent will not stand in the way of the authorities from surveying the lands and fixing the boundaries and that the survey and demarcation by the survey authorities will be subject to the decision of the civil court. A copy of the said judgment was also made available and I have gone through the same. In view of the observations of this Court in the judgment delivered on 13.11.2008 in W.P.(C) No. 33517 of 2008, the official W.P.(C) No. 31145/08 3 respondents are free to survey and demarcate the lands belonging to the petitioner and the fourth respondent. The petitioner moved the authorities for survey and demarcation of the boundary way back in the year 2007. More than two years have passed thereafter. In such circumstances, I dispose of this writ petition with a direction to respondents 2 and 3 to survey and demarcate the lands belonging to the petitioner and the fourth respondent and to fix the boundaries thereof based on the survey records. Necessary steps in that regard shall be taken and completed within two months from the date on which the petitioner produces a certified copy of this judgment before the Tahsildar, Thiruvananthapuram. Needless to say as observed by this Court in the judgment delivered on 13.11.2008 in W.P.(C) No. 33517 of 2008 such survey and demarcation and fixation of boundary will be subject to the decision of the competent civil court. P.N.RAVINDRAN, JUDGE vps