IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 33517 of 2008(M) -------------------------- PETITIONER(S): --------------- K.R.SOMASEKHARAN NAIR, T.C.1/66(3), THITHIRAMANGALAM, THURUVIKKAL P.O., AAKKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. TAHSILDAR, THIRUVANANTHAPURAM. 2. TALUK SURVEYOR, TALUK OFFICE, THIRUVANANTHAPURAM. 3. P.P.VIJAYAN, T.C.13/918, KVRA.381, VADAYAKADU, VANCHIYOOR P.O., THIRUVANANTHAPURAM-35 KERALA. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33517/2008 -------------------- Dated this the 13th day of November, 2008 JUDGMENT Petitioner claims to be the owner in possession of 14.80 Ares in Re-Survey No.5/34 of Cheruvakkal Village in Trivandraum Taluk. He claims to have purchased the same under Document No.24/1972. He submits that mutation has been effected and tax has been paid. Third respondent owns the property on the southern side of the petitioner’s property. According to the petitioner, there is no well defined boundary. Petitioner has filed a suit as O.S.1698/2008 against the third respondent inter alia seeking fixation of the boundaries and the Suit is pending. In the meanwhile, respondents 1 and 2 have issued Ext.P3 notice to the petitioner proposing to demarcate the boundary. Petitioner challenges Ext.P3 on the ground that Survey authorities cannot now proceed to record a disputed boundary especially when the issue is pending before the competent Civil Court. W.P.(C).33517/2008 2 2. Survey authorities obviously cannot physically alter a boundary. They may fix a boundary between the two properties even when there is a dispute, only with reference to the documents of title in so far as the two properties are concerned. They will also consider the objections of persons concerned and if the fixation of boundary, by the Survey authority is objected to by anyone of the parties, they can challenge it under the Survey and Boundaries Act before the Appellate authority. At any rate, since there is a suit filed by the petitioner for fixation of boundary pending before the Civil Court, any demarcation by the Survey authorities shall be subject to the decision to be taken by the Civil Court. Writ petition is disposed of subject to the above clarification. V.GIRI, Judge mrcs