IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35622 of 2008(N)
1. S.B.SRINIVASAN, S/O.N.S.BAYYA,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE TALUK SURVEYOR, MANNARKKAD,
3. THE VILLAGE OFFICER, KOTTATHARA,
4. DASAN, S/O.NARIAMUPPAN,
5. KALIAPPAN, S/O.NARIAMUPPAN,
6. NARAYANAN, S/O.DASAN, -DO-, -DO-.
7. PAPPA, W/O.NARAYANAN,
For Petitioner :SRI.R.PARTHASARATHY
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :03/12/2008
O R D E R
V.GIRI, J
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W.P.(C).35622/2008
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Dated this the 3rd day of December, 2008
JUDGMENT
Petitioner is the owner of a property having an
extent of 3 Acres 53 cents in Survey No.351/1 of
Kottathara Village, Mannarkkad Taluk, Palakkad. He
claims to have obtained the same on the strength of
Ext.P3 settlement deed, executed by the petitioner’s
father who in turn derived it from one Kaliyambal, and
thereafter perfected title vide Ext.P2 certificate of
purchase. Ext.P4 is the survey sketch issued by the
Village Officer on the basis of Ext.P3. Petitioner’s
grievance arises from what he terms as reluctance on
the part of the Survey Authorities to survey the
property in terms of the application filed by the
petitioner.
2. Having heard learned Government Pleader also,
writ petition is disposed of directing the second
respondent to further proceed with Ext.P5 application
filed by the petitioner and cause survey of the
W.P.(C).35622/2008
2
property. It is made clear that the Survey Authorities
are only required to survey the property and boundaries
are not empowered to change the physical
characteristics of the property. If there is a dispute as
regards the boundary, parties will have to work it out
before the competent authority. Needful shall be done
by the second respondent within two months from the
date of receipt of a copy of this judgment.
V.GIRI,
Judge
mrcs