IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 33427 of 2004(D) -------------------------- PETITIONER: ------------ N.C.JOY, S/O. CHACKO, NEDUMATTOM PUTHENPURAYIL, PULIKKAKAVALA P.O., VAZHOOR, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF SURVEY, SURVEY AND LAND RECORDS, COLLECTORATE, KOTTAYAM. 2. THE VAZHOOR ST. PETER'S ORTHADOX CHURCH, REPRESENTED BY ITS TRUSTEE, PULIKKAKAVALA P.O., VAZHOOR, KOTTAYAM DISTRICT. BY ADV. SRI.K.M.VARGHESE FOR R2 BY GOVERNMENT PLEADER SRI. TEKCHAND FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SKETCH PLAN OF THE PROPERTY OF THE PETITIONER KEPT IN THE OFFICE OF THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 10.10.2004 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. 2ND RESPONDENT'S EXHIBITS: EXT.R2(a) COPY OF THE JUDGMENT DATED 31.3.1998 IN OS NO. 83 OF 1996 ON THE FILE OF MUNSIFF COURT, KANJIRAPALLY. EXT.R2(b) TRUE COPY OF JUDGMENT DATED 20.2.2004 IN APPEAL SUIT NO.137 OF 1998 ON THE FILE OF ADDL. DIST. JUDGE (SPL.), KOTTAYAM. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 33427 OF 2004 -------------------------------------------- Dated this the 23rd day of May, 2008 JUDGMENT W.P. is filed for direction to the first respondent to resurvey the property of the petitioner and that of the second respondent for fixation of boundary. Judgments produced in this Court show that petitioner's dispute is settled through civil court judgment and decree. Therefore petitioner cannot get the civil court orders reversed or modified through resurvey of the property. In fact, if land dispute between neighbouring owners is settled by civil court, the same has to be incorporated in the survey records for the sake of consistency. W.P. is disposed of with the above observation. (C.N. RAMACHANDRAN NAIR) Judge kk 2