IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27488 of 2011(I) ---------------------------------- PETITIONER(S): ------------------- 1. M.V.VIBHAVASU ALIAS BABU MENON, SON OF LATE K.P.GANGADHARA MENON, AMBALAKKAT HOUSE, ANGADIPPURAM P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. M.V.SURESH KUMAR, SON OF LATE K.P.GANGADHARA MENON, AMBALAKKAT HOUSE, ANGADIPPURAM P.O., PERINTHALMANNA TALUK. MALAPPURAM DISTRICT. BY ADV. SRI.R.RAJESH KORMATH RESPONDENT(S): --------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (N.H.DIVISION) PERINTHALMANNA, PATTAMBI ROAD, PERINATHALMANNA P.O MALAPPURAM DISTRICT, PIN-679 322. 2. THE TAHSILDAR, PERINTHALMANNA, TALUK OFFICE, PERINTHALMANNA, PATTAMBI ROAD, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN-679 322. 3. THE VILLAGE OFFICER, ANGADIPPURAM,VILLAGE OFFICE, ANGADIPPURAM P.O., MALAPPURAM DISTRICT - 679 321. 4. THE TALUK SURVEYOR, OFFICE OF THE TALUK SURVEYOR, PEIRNTHALMANNA, PATTAMBI ROAD PEIRNTHALMANNA P.O., MALAPPURAM DISTRICT, PIN-679 322. 5. THE DISTRICT COLLECTOR, MALAPPURAM CIVIL STATION P.O., MALAPPURAM DISTRICT, PIN-676 505. BY GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.27488/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SURRENDER DEED NUMBER 264/2003 DATED 15/02/2003 OF THE SUB REGISTRAR'S OFFICE, PERINTHALMANNA. P2: COPIES OF THE RECEIPTS ISSUED IN FAVOUR OF THE PETITIONERS FOR PAYMENT OF BASIC TAX FOR THE PROPERTY, RANGING FROM THE PERIOD 2005 TO 2011 (3 NOS). P3: COPIES OF THE RECEIPTS ISSUED FOR PAYMENT OF BUILDING TAX FOR THE BUILDING IN THE PROPERTY, RANGING FROM THE PERIOD 2003 TO 2010 (2 NOS). P4: COPY OF THE POSSESSION CERTIFICATE DATED 09/11/2006 WITH RESPECT TO THE PROPERTY, ISSUED IN FAVOUR OF THE FIRST PETITIONER, BY THE VILLAGE OFFICER, ANGADIPPURAM. P5: COPY OF THE CHALAN DATED 14/10/2011, ISSUED TO THE FIRST PETITIONER ON PAYMENT OF THE PRESCRIBED FEE FOR MAKING THE APPLICATION. P6: COPY OF THE APPLICATION DATED NIL PREFERRED BY THE PETITIONERS UNDER RULE 43 OF THE 'THE KERALA SURVEY AND BOUNDARIES RULES'. P7: COPY OF THE SAID COMMUNICATION DATED 14/10/2011 HANDED OVER BY THE FIRST PETITIONER TO THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27488 of 2011 I ``````````````````````````````````````````````````````````` Dated this the 18th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners submit that they own 3 cents of land in Survey No.94/1A and 94/1B of Angadippuram village, where a two storied building has been constructed. It is submitted that, on 14.10.2011, on behalf of the first respondent, the petitioners were informed that two steps of the building have been constructed in puramboke land and, therefore, they were asked to demolish the same. It is stated that thereupon in order to get their property demarcated, they made Ext.P6 application to the second respondent. In this writ petition, what is sought for is an expeditious completion of survey pursuant to Ext.P6 and to keep further coercive steps in abeyance. 2. I heard the learned Government Pleader appearing for the respondents. 3. Now that the petitioners dispute the correctness W.P.(C) No.27488/2011 : 2 : of the stand taken by the first respondent that two steps constructed by them are in the puramboke land and an application filed by them for survey and demarcation is pending, I feel that the petitioners are justified in their submission. 4. Therefore, I dispose of the writ petition with the following directions:- That the second respondent shall complete the survey in pursuance to Ext.P6 with notice to the petitioners and the first respondent, as expeditiously as possible and at any rate, within four weeks from the date of production of a copy of this judgment. In the meantime, further proceedings for demolition of the steps mentioned above or planting survey stones by the first respondent shall be kept in abeyance. Petitioners shall produce a copy of this judgment and a copy of the writ petition before the first respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/18/10