High Court Kerala High Court

Odakkal Abdul Majeed @Bava … vs The District Collector on 16 September, 2010

Kerala High Court
Odakkal Abdul Majeed @Bava … vs The District Collector on 16 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28618 of 2010(B)


1. ODAKKAL ABDUL MAJEED @BAVA MUSSALIAR,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE DISTRICT SURVEY SUPERINTENDENT,

3. THE THAHASILDAR,

4. THE VILLAGE OFFICER,

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :16/09/2010

 O R D E R
                        ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 28618 OF 2010 (B)
                 =====================

         Dated this the 16th day of September, 2010

                           J U D G M E N T

Petitioner submits that an application was made by him to

the respondents for fixation of boundaries in terms of the

provisions contained in the Survey and Boundaries Act. It is

stated that the said application now stands rejected by Ext.P6. It

is thereupon the writ petition is filed.

2. A reading of Ext.P6 shows that in relation to the

property in respect of which boundary is to be fixed, several

disputes are pending. It was therefore that the request of the

petitioner has not been acted upon.

3. Obviously if civil disputes as indicated in Ext.P6 are

pending, that should be resolved by an appropriate Civil Court

and it is only thereafter can the authority under the Survey and

Boundaries Act fix the boundaries. Otherwise the authorities

under the Act will be discharging the duties of a Civil Court. In

that view of the matter, I cannot find fault with Ext.P6.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp