IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29670 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- 1. BABY JOHN, AGED 50 YEARS S/O.C.I.JOHN, MULAMOOTTIL GALEED TC.4/1778 (7) KOWDIAR, THIRUVANANTHAPURAM 695 003 2. SAIRA SANTHOSH, AGED 41 YEARS W/O.SANTHOSH WILSON, TC.2/3240 KULANGARA LANE PATTOM PO, THIRUVANANTHAPURAM 695 004. BY SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------------- 1. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM 695 001. 2. THE TAHSILDAR NEDUMANGAD, THIRUVANANTHAPURAM PIN 695 541. 3. THE TALUK SURVEYOR NEDUMANGAD, THIRUVANANTHAPURAM PIN 695 41. 4. THE INSPECTOR GENERAL OF POLICE SOUTH ZONE, THIRUVANANTHAPURAM PIN 695 551. 5. THE SUB INSPECTOR OF POLICE VITHURA, THIRUVANANTHAPURAM 695 551. BY GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29670/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SALE DEED NO.500/09 23.3.2009 OF VITHURA SUB REGISTRY, REFERRED TO IN THE WPC. P2: COPY OF SALE DEED NO.546/09 8.4.2009 OF VITHURA SUB REGISTRY, REFERRED TO IN THE WPC. P3: COPY OF SALE DEED NO.613/09 8.4..2009 OF VITHURA SUB REGISTRY, REFERRED TO IN THE WPC. P4: COPY OF MAP IN OS.33/1988 ON THE FILE OF SUB COURT, NEDUMANGAD, REFERRED TO IN THE WPC. P5: COPY OF PETITION DT.10.8.2011 SUBMITTED BEFORE THE IST RESPONDENT BY THE PETITIONERS. P6: COPY OF LETTER NO.G3-14993/11 DT.15.9.2011 OF THE 2ND RESPONDENT TO THE 5TH RESPONDENT. P7: COPY OF INTIMATION VIDE NO.14993/11 DT.12.9.2011 BY THE 3RD RESPONDENT TO THE PETITIONERS. P8: COPY OF PETITION DT.26.9.2011 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT. P9: COPY OF THE LETTER NO.G3-14993/11 DT.26.9.2011 OF THE 2ND RESPONDENT TO THE 5TH RESPONDENT. P10: COPY OF INTIMATION VIDE NO.G3-14993/11 DT.26.9.2011 OF THE 2ND RESPONDENT TO THE 5TH RESPONDENT. P11: COPY OF REPORT DT.3.10.2011 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ================ W.P.(C) NO. 29670 OF 2011 ===================== Dated this the 8th day of November, 2011 J U D G M E N T According to the petitioners, pursuant to the decree in OS No. 33/1998 of Sub Court, Nedumangad, an application was made to the Taluk Surveyor for survey and demarcation of 44 cents of land. It is their case that when the Taluk Surveyor went to the site in question, due to the obstruction offered by certain persons, he could not complete the work and that thereupon the Taluk surveyor submitted Ext.P11 report dated 3/10/11 to the 2nd respondent. It is stated that since the 2nd respondent has not taken further action on Ext.P11, survey remains incomplete. It is with this grievance, the writ petition has been filed seeking a direction to the 2nd respondent to take appropriate action on Ext.P11. 2. A reading of Ext.P11 report by the Taluk Surveyor shows that the work could not be completed on account of the obstruction of certain persons. In such circumstances, Ext.P11 report having been made to him, it is upto the 2nd respondent to take appropriate action in the matter so that the work in question WPC No. 29670/11 :2 : could be completed, if necessary, with the assistance of the 5th respondent. 3. Therefore, I direct that, on the production of a copy of this judgment, the 2nd respondent to whom Ext.P11 report has been made, shall take appropriate action on Ext.P11 so that the 3rd respondent is enabled to complete the process of survey and demarcation of the 44 cents of land mentioned in the report. Needful shall be done at any rate within three weeks. Petitioners to produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for appropriate action in the matter. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge