IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 12087 of 2010(I) ------------------------------------- PETITIONER: ---------------------- OUSEPH VAREED, AGED 81 YEARS, S/O.OUSEPH, KINANCHERI HOUSE, NADUVATTOM, MALAYATTOOR, ERNAKULAM DISTRICT. BY ADV. SRI.M.A.ABDUL HAKHIM RESPONDENTS: ------------------------- 1. SUPERINTENDENT, SURVEY & LAND RECORDS, COLLECTORATE, ERNAKULAM. 2. SECRETARY, MALAYATTOOR-NEELESWARAM GRAMAPANCHAYAT. 3. TALUK SURVEYOR, TALUK OFFICE, ALUVA TALUK, ERNAKULAM DISTRICT. 4. OUSEPH, AGED 76 YEARS, S/O.OUSEPH, PERIYAPPADAN HOUSE, NADUVATTOM, MALAYATTOOR, ERNAKULAM DISTRICT. ADV. SRI.K.M.JAMALUDHEEN FOR R4 SRI. M.A. ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12087 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: A PHOTOSTAT COPY OF THE PLAINT IN O.S. NO.81/2008. EXHIBIT P2: A PHOTOSTAT COPY OF THE COMMISSION REPORT IN I.A. NO.454/2008 IN O.S. NO.81/2008. EXHIBIT P3: A PHOTOSTAT COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P4: A PHOTOSTAT COPY OF THE JUDGMENT IN W.P(C) NO. 19447/2009. EXHIBIT P5: A PHOTOSTAT COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6: A PHOTOSTAT COPY REPLY 23 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: EXHIBIT R4(a): TRUE COPY OF THE REPORT OF THE DIRECTOR OF PANCHAYATH IN O.P. NO. 597/2008 BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVT. INSTITUTIONS. EXHIBIT R4(b): TRUE COPY OF THE ORDER OF THE OMBUDSMAN FOR LOCL SELF GOVERNMENT INSTITUTIONS IN O.P. NO.597/07 DATED 12/11/2008. EXHIBIT R4(c): TRUE PHOTOCOPY OF THE APPLICATION SUBMITED BY THE PETITIONER DATED 8/2/2008 BEFORE SURVEYOR. EXHIBIT R4(d) : TRUE PHOTOCOPY OF REPORT AND THE SKETCH PREPARED BY THE 3RD RESPONDENT. EXHIBIT R4(e): TRUE PHOTOCOPY OF THE ORDER OF THE SUPERINTENDENT OF SURVEY & LAND RECORDS DATED 2/5/2009. EXHIBIT R4(f): TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE PRINCIPAL SECRETARY GOVERNMENT OF KERALA. EXHIBIT R4(g): TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN O.S. NO. 81/2008. EXHIBIT R4(h): TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 8/6/2009. EXHIBIT R4(i): TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 5/9/2009. EXHIBIT R4(J): TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 27/10/2009. WP(C).No. 12087 of 2010(I) EXHIBIT R4(K): TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER DATED 25/1/2010. EXHIBIT R4(l): TRUE COPY OF THE COMMISSION REPORT FILED BY ADVOCATE COMMISSIONER M.C.ANEESH BEFORE MUNSIFF'S COURT, ALUVA IN O.S. NO. 81/2006. EXHIBIT R4(m): TRUE PHOTOCOPY OF THE ORDER O THE SUPERINTENDENT OF SURVEY DATED 6/4/2010. TRUE COPY P.A. TO JUDGE cms S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.12087 OF 2010 ------------------------------------------ Dated this the 8th day of June, 2010 JUDGMENT The petitioner has filed the writ petition challenging Ext.P5 notice under the Survey and Boundaries Act. The 4th respondent has filed a counter affidavit in which Ext.R4(m) order has been passed, whereby Ext.P5 proceedings have been dropped. That being so, the remedy of the 4th respondent lies in challenging Ext.R4(m) properly. Accordingly, recording the above, the writ petition is closed leaving it open to the 4th respondent to take recourse to appropriate remedies against Ext.R4 (m), if so advised. S.SIRI JAGAN, JUDGE cms