IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26716 of 2009(H) -------------------------- PETITIONER(S): --------------- MALLAPPALLY GRAMA PANCHAYAT, MALLAPPALLY WEST P.O.,PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, PATHANAMTHITTA SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26716 OF 2009 -------------------------- Dated this the 1st day of October, 2009 J U D G M E N T Heard Sri. B.Premnath, the learned counsel for the petitioner and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the Mallappally Grama Panchayat, a local authority as defined in the Kerala Panchayat Raj Act, 1994. It is stated that a large extent of land vested in the Panchayat has been trespassed upon by the neighbouring land owners. Therefore, with a view to identify and demarcate such encroachments, the petitioner submitted Ext.P5 application to order a survey of the lands in Mallappally Grama Panchayat under Section 4A of the Survey and Boundaries Act, 1961. In this writ petition, the petitioner seeks a direction to the State of Kerala to direct a resurvey of lands within the local limits of Mallappally Grama Panchayat. The petitioner also seeks a direction to the first respondent to take immediate action on Ext.P5 representation. 3. Section 4A of the Survey and Boundaries Act stipulates W.P.(C) No. 26716/09 2 that when a local authority as defined in the Kerala Panchayat Raj Act, 1994, requests the Government for surveying and demarcating the boundaries of any land vested in it or owned by it, the Government or any other authorised officer of the Government in that behalf shall get the lands surveyed and demarcated. Therefore the Government is bound to consider the request made by the petitioner Panchayat in Ext.P5 representation. I accordingly dispose of this writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P5 representation having regard to Section 4A of the Survey and Boundaries Act, 1961, and take appropriate action in the matter expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this writ petition complete in all aspects along with a certified copy of this judgment before the Secretary to Government, Revenue Department. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 26716/09 3