IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 35645 of 2005(R) -------------------------------------- PETITIONER(S): ----------------------- 1. DANIEL.C.P, S/O.PATHROSE, UPPUMMAKKEL HOUSE, AMAYANNOOR KARA, AYARKUNNAM VILLAGE, KOTTAYAM TALUK. 2. KURIYAKOSE.C.P, S/O.PATHROSE, UPPUMAKKEL HOUSE, AMAYANNOOR KARA, AYARKUNNAM VILLAGE, KOTTAYAM TALUK. 3. ISSAC.C.P, S/O.PATHROSE, UPPUMMAKKEL, AMAYANNOOR KARA, AYARKUNNAM VILLAGE, KOTTAYAM TALUK. 4. SARAMMA PATHROSE, D/O.PATHROSE, UPPUMMAKKEL, AMAYANNOOR KARA, AYARKUNNAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.R.RAGHUKUMAR (ALUVA) RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 2. THE TALUK SURVEYOR, TALUK OFFICE, KOTTAYAM. 3. THE VILLAGE OFFICER, AYARKUNNAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35645/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PATTAYAM NO.B7 27192/76 ISSUED BY TAHSILDAR, KOTTAYAM. P2:- COPY OF THE APPLICATION SUBMITTED BEFORE THE IST RESPONDENT. P3:- COPY OF THE APPLICATION SUBMITTED BEFORE THE IST RESPONDENT P4:- COPY OF THE SKETCH ISSUED BY DEPUTY TAHSILDAR, KOTTAYAM. P5:- COPY OF THE LAND TAX RECEIPT ISSUED BY 3RD RESPONDENT. P6:- COPY OF THE SETTLEMENT DEED NO.785/90 EXECUTED IN FAVOUR OF IST PETITIONER . P7:- COPY OF THE SETTLEMENT DEED NO.786/90 EXECUTED IN FAVOUR OF 2ND PETITIONER. P8:- COPY OF THE SETTLEMENT DEED NO.787/90 EXECUTED IN FAVOUR OF 3RD AND 4TH PETITIONRS. P9:- COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT. P10:- COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.35645 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to measure the property of the petitioners and fix the boundaries. In case the second respondent has still not taken any action, petitioners may produce a copy of this judgment before the second respondent, in which case, appropriate action in accordance with law in the matter will be taken by the second respondent, with notice to the petitioners and any other affected party, within another two months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 35645 OF 2005 J U D G M E N T 15.10.2008