IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 31238 of 2008(R) -------------------------- PETITIONER(S): --------------------------- ALI, AGED 57 YEARS, S/O. MAKKAR @ KOCHUNNIPPILLA, ANDETH HOUSE, PANAYALI KARA, KALADY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): -------------------------- 1. THE TALUK SURVEYOR, ALUVA TALUK, TALUK OFFICE, ALUVA. 2. THE TALUK TAHSILDAR, TALUK OFFICE, ALUVA. 3. THE VILLAGE OFFICER, KALADY, ALUVA TALUK. 4. THE DISTRICT COLLECTOR, ERNAKULAM, P.O. KAKKANAD. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.31238 of 2008 ------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioner apprehends an action by the Survey Authorities to measure his properties without notice to him. He has, therefore, approached this court seeking the following relief: “Issue a writ of mandamus or any other appropriate writ or order commanding the respondents 1 to 3 not to measure out the petitioner's property covered by Ext.P1 and P2 documents and not amalgamate any portion of it or put up new boundary wall or stones without giving notice as provided under the Surveys and Boundaries Rules.” 2. Obviously, it is not within the jurisdiction of the survey authority's to alter physical feature of a property belonging to people in the course of measurement of a property. A demarcation of the property in terms of the Survey and Boundaries Act is alone within their jurisdiction. If any application is filed by the neighbouring property owners in terms of Rule 43 of the Survey and Boundaries Rules, the petitioner is entitled to notice thereof, before such measurement is actually effected. W.P.(C).No.31238 of 2008 :: 2 :: Writ petition is disposed of clarifying the above position. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge