IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 13280 of 2009(D) PETITIONER: P.H.ABDUL GAFOOR,AGED 54 YEARS, S/O.P.M.HASSAN,PUTHIYA PARAMBIL,SEA VIEW WARD, ALAPPUZHA. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE,ALAPPUZHA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA NORTH. 4. THE SUB INSPECTOR OF POLICE,ALAPPUZHA NORTH. 5. THE R.D.O,ALAPPUZHA. 6. THE TAHSILDAR,AMBALAPUZHA. 7. THE TALUK SURVEYOR,AMBALAPUZHA. 8. RAJA,S/O.ASHYA BEEVI,PUTHIYA PARAMBIL, SEA VIEW WARD,ALAPPUZHA. 9. SAVAD,S/O.RAJA,PUTHIYA PARAMBIL, SEA VIEW WARD. ADV. SRI.R.AZAD BABU FOR R8 & R9 GOVERNMENT PLEADER FOR R1-7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 13280/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED DATED 15.3.2001. EXT.P2 TRUE COPY OF THE SALE DEED DATED 16.11.1992 EXT.P3 TRU COPY OF THE TAX RECEIPT FOR THE YEAR 2008-09 IN RESPECT OF EXHIBIT P1 AND P2 PROPERTIES. EXT.P4 TRUE COPY OF ONE OF THE NOTICES ISSUED TO ONE OF THE NEIGHBOURS OF THE PETITIONER. EXT.P5 TRUE COPY OF THE REPORT FORWARDED BY THE 7TH RESPONDENT DATED 28.4.2009 THROUGH THE ADDITIONAL TAHASILDAR, AMBALAPUZHA. EXT.P6 TRUE COPY OF THE COMPLAINT FORWARDED BY THE ADDITIONAL TAHASILDAR, AMBALAPUZHA TO THE 3RD RESPONDET DATED 28.4.2009. EXT.P7 TRUE COPY OF THE PLAN CERTIFIED BY THE SURVEYOR, AMBALAPUZHA TALUK DATD 28.4.2008. EXT.P8 TRUE COPY OF THE ROUGH SKETCH SHOWING THE SCHDULED PROPERTIES IN EXHIBIT P1 AND P2. EXT.P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 11897/2005 DATED 7.4.2005. RESPONDENTS' EXHIBITS: EXT. R8(a) TRUE COPY OF THE PLAINT IN O.S. NO. 295/2009 OF MUNSIFF'S COURT, ALAPPUZHA. EXT.R8(b) TRUE COPY OF COMMISSIONER'S REPORT IN O.S. NO. 295 OF 2009 OF MUNSIFF'S COURT, ALAPPUZHA. //TRUE COPY // P.S. TO JUDGE KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 13280 OF 2009 = = = = = = = = = = = = = DATED THIS, THE 5TH DAY OF AUGUST, 2009. J U D G M E N T Raman, J. The limited prayer which can be granted is to enable the petitioner to measure his property without causing any obstruction by the party respondents. Notice of measurement shall be given to the survey authorities as also to the party respondents whereupon they shall measure the property without prejudice to the contentions of either party, if any, regarding their respective rights over the same. However, by virtue of this order, they shall not re-fix the boundary already in existence. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-