IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26359 of 2009(L)
1. SREEKUMAR K. MUTTATHU(BHANUVILASAM),
... Petitioner
Vs
1. THE TALUK SURVEYOR, KOZHENCHERRY,
... Respondent
2. THE DISTRICT SUPERINTENDENT OF SURVEY,
3. THE TAHSILDAR, KOZHENCHERRY,
4. SMT. SREEJA MANOJ, BHANUVILASATHU
5. SRI. MANOJ KUMAR, KRISHNAVILASAM
For Petitioner :SRI.V.K.SUNIL
For Respondent :SRI.V.PHILIP MATHEW
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :08/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.26359 OF 2009(L)
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Dated this the 8th day of October, 2010
J U D G M E N T
Petitioners and respondents 4 and 5 are immediate
relatives. It would appear that they are staying in their ancestral
house which was partitioned and the petitioners and respondents
are now staying in their respective partitioned portions.
Respondents 4 and 5 wanted the property to be surveyed and
accordingly Ext.P14 notice was issued. It was challenging Ext.P14
that the writ petition was filed.
2. By order dated 10th October, 2009, this court permitted
the survey to be conducted. Accordingly, survey was conducted
and the Surveyor’s report has been produced before this court
along with memo dated 9.2.2010 of the learned Government
Pleader. According to respondents 4 and 5, they were willing to
accept the report of survey produced along with memo dated
9.2.2010, but the petitioners raised objection against the report.
It is stated that, the objections thus raised led to the order dated
7.7.2010, where this court directed the Survey Superintendent to
consider the objections against the report of survey produced
WPC.No. 26359/09
:2 :
along with memo dated 9.2.2010. It is stated that accordingly a
fresh survey was conducted and the report is also seen filed.
3. In the light of these developments, all that is necessary
is to leave it open to the parties to approach the Survey
Superintendent to get copies of the survey sketch and the
second survey report and to apply for further orders based on the
survey reports that are now available or to seek legal remedies
against the reports if they are aggrieved.
Leaving open the parties to work out their remedies as
indicated above, the writ petition is closed.
(ANTONY DOMINIC)
JUDGE
vi/