IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 34293 of 2008(G) -------------------------- PETITIONER(S): ------------------ FR.BERNADIN M.LOUIS, BETHSEITHA COMPLEX, MULLOOR P.O.,PULLNKUDY,THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 4. THE ADDITIONAL TAHASILDAR, NEYYATINKARA. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 34293 OF 2008 (G) ==================== Dated this the 2nd day of January, 2009 J U D G M E N T Petitioner submits that they are the owners of 20 acres of land in Sy.No.773, 775 and 776 of Vizhinjam village, where a resort also has been established by them. While the petitioner was thus enjoying the said property, Ext.P3 notice was served on him, making the allegation that they have trespassed into 47.12 Ares of land. In pursuance to Ext.P3, it is stated that a portion of the property has been enclosed by the respondents. In view of the aforesaid steps that were taken against the property in the petitioner's possession, by Ext.P4, petitioner requested the 3rd respondent to measure his registered holding with notice to him and demarcate the same before proceeding further with the matter. It is stated that he has also remitted the fee that is payable. Counsel makes reference to Ext.P5 in this context. Petitioner also has a case that the 2nd respondent has already ordered the 3rd respondent to conduct the survey as applied for by him. 2. The complaint in this writ petition is that while there has not been any progress in the survey which has already been sought and ordered, the respondents are proposing to proceed with Ext. P3, and it is WPC 34293/08 :2 : with this apprehension, the writ petition is filed. 3. When the allegation is that a portion of the land in the petitioner's possession is puramboke, it is only reasonable that the petitioner is put on notice, the registered holding is surveyed and the excess land if any is identified and further steps taken on that basis. It is with that request that the petitioner has made Ext.P4 to the 3rd respondent, the appellate authority. 4. Now that the 3rd respondent also found his request to be reasonable and the petitioner has made payment of the fee payable thereof, respondents 3 and 4 shall conduct survey as applied for by the petitioner with notice to him. This shall be done, as expeditiously as possible and only thereafter should the respondents proceed further with Ext.P3. 5. Petitioner may produce a copy of this judgment before respondents 3 and 4 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp