IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35622 of 2008(N) -------------------------- PETITIONER(S): --------------- S.B.SRINIVASAN, S/O.N.S.BAYYA, 54, SENGUPTHA STREET, RAMNAGAR, COIMBATORE 641 009 BY ADV. SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. THE TALUK SURVEYOR, MANNARKKAD, PALAKKAD DISTRICT 3. THE VILLAGE OFFICER, KOTTATHARA, MANNARKKAD TALUK, PALAKKAD DISTRICT. 4. DASAN, S/O.NARIAMUPPAN, MATTATHKADU P.O., KOTTATHARA VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 5. KALIAPPAN, S/O.NARIAMUPPAN, MATTATHUKADU P.O., KOTTATHARA VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 6. NARAYANAN, S/O.DASAN, -DO-, -DO-. 7. PAPPA, W/O.NARAYANAN, MATTATHUKADU P.O., KOTTATHARA VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35622/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioner is the owner of a property having an extent of 3 Acres 53 cents in Survey No.351/1 of Kottathara Village, Mannarkkad Taluk, Palakkad. He claims to have obtained the same on the strength of Ext.P3 settlement deed, executed by the petitioner's father who in turn derived it from one Kaliyambal, and thereafter perfected title vide Ext.P2 certificate of purchase. Ext.P4 is the survey sketch issued by the Village Officer on the basis of Ext.P3. Petitioner's grievance arises from what he terms as reluctance on the part of the Survey Authorities to survey the property in terms of the application filed by the petitioner. 2. Having heard learned Government Pleader also, writ petition is disposed of directing the second respondent to further proceed with Ext.P5 application filed by the petitioner and cause survey of the W.P.(C).35622/2008 2 property. It is made clear that the Survey Authorities are only required to survey the property and boundaries are not empowered to change the physical characteristics of the property. If there is a dispute as regards the boundary, parties will have to work it out before the competent authority. Needful shall be done by the second respondent within two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs