Ibrahimkutty Thangal Kunju vs The District Collector on 21 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37146 of 2009(K)


1. IBRAHIMKUTTY THANGAL KUNJU,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, KOLLAM.
                       ...       Respondent

2. THE TALUK SURVEYOR,

3. POOKUNJU, KANDALIKUTTYIL,

4. SUBAIDA, KANDALIKUTTYIL,

                For Petitioner  :SRI.B.KRISHNA MANI

                For Respondent  :SRI.GEORGE SEBASTIAN

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :21/01/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                  W.P.(C) No.37146 OF 2009
               ---------------------------------------
           Dated this the 21st day of January, 2010.


                         J U D G M E N T

The petitioner is aggrieved by Exhibit P5 notice issued by

the Taluk Surveyor proposing to conduct measurement for fixing

boundaries in respect of property in Survey No.153/23-2 of

Mynagappally village.

2. Heard the learned counsel for the petitioner and the

learned counsel appearing for respondents 3 and 4. By

Exhibit P5 notice it was proposed that the measurement will be

taken on 23.12.2009. This Court had passed an interim order on

22.12.2009 staying further action on the proposed measurement.

3. It is evident from the pleadings that the parties are

already before the civil court in O.S.No.351/2007 filed by the

petitioner and in O.S.No.357/2009 filed by respondents 3 and 4.

Both the parties have filed Interlocutory Applications seeking

interim injunctions also. The matter is still pending.

4. Learned counsel for the petitioner submitted that since

W.P.(C) No.37146/2009 2

officers of the State are involved, it may take more time for the

civil court to consider the matter and the proposed measurement

therefore, by the Taluk Surveyor is unwarranted.

5. Learned counsel appearing for the respondents 3 and 4

submitted that actually they had approached the Taluk Surveyor

prior to the filing of the suit and it so happened that notice

Exhibit P5 was issued only after the receipt of summons by either

parties in the two civil suits itself.

In that view of the matter, Exhibit P5 is set aside.

Depending upon the outcome of the civil suit alone, the Taluk

Surveyor or any other official will conduct measurement in

respect of the properties which are subject matter of the two civil

suits.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

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