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.
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W.P.(C) NO. 28618 OF 2010 (B)
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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