IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 540 of 2008()
1. THANKA, 60 YEARS, W/O.CHENANGATH
... Petitioner
2. KUNJAKKAN, AGED 63, S/O.CHENANGATH
Vs
1. THE SUPERINTENDENT OF SURVEY AND LAND
... Respondent
2. THE STATE OF KERALA
3. SREEKUMAR THAMBI @ THAMBI, 39 YEARS,
4. SREENIVASAN, S/O.AARATTUPUZHA VARIATH
5. MOHANAN, S/O.AARAATTUPUZHA VARIATH LATE
6. KOCHAMMINI, D/O.ARATUPUZHA VARIATH PAPPI
7. BHAGYALAKSHMI, W/O.VADAKEVARIATH LATE
8. MANOJ, S/O.VADAKEVARIATH
9. JAYAN, S/O.VADAKEVARIATH
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :29/07/2008
O R D E R
RSA 540/08 1
K.P. BALACHANDRAN, J.
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R.S.A. No 540 of 2008
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Dated this the 29th July 2008
JUDGMENT
It is against the concurrent dismissal of a suit for declaration of
title and fixation of boundary and injunction that the defeated plaintiffs
have come up with this Regular Second Appeal. It is contended by
the counsel for the appellants that the suit itself was necessitated on
account of the fact that the resurvey authorities have shown the width
of the pathway on the northern side of the plaint schedule property as
5 koles whereas in Ext B1 partition the pathway provided is having a
width of only 4 koles and in fact there is a pathway of only 4 koles on
the northern side of plaint schedule property belonging to the
plaintiffs as also on the north of the property of defendants 5 to 9, but
the resurvey authorities have planted survey stones encroaching into
one kole more towards south and have shown the pathway as one
having a width of 5 koles and it is therefore to avert an invasion into
the extent of the schedule property that the suit has been filed. All
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the same, it is his case that the northern boundary of the schedule
property as also of the property of defendants 5 to 9 remained in tact
and nobody has widened the road except that survey stones are
planted encroaching one kole into the schedule property. It is
further contended that the appeal submitted before the
Superintendent of Survey and Land Records has been heard by
Assistant Director of Survey and Land Records and he has
dismissed the appeal so filed. Counsel submits that without
prejudice to the rights of the appellants to approach the survey
authorities with Ext B1 partition deed and to get the discrepancy in
the width of the pathway rectified this appeal be disposed of.
Considering the entire facts and circumstances of the case, I am of
the view that the appellants are to be permitted to approach the
Survey Authorities to have their grievance redressed with respect to
Ext B1 partition deed which provide for the northern pathway and to
have the survey records rectified, if need be, after verification.
2. In the result,I dispose of this R.S.A without prejudice to the
rights of the appellants to approach the survey authorities and to
have the mistake in the width of the pathway got rectified producing
Ext B1 partition deed before them, if need be, after a proper
RSA 540/08 3
measurement made at site. It is made clear that the concurrent
decree passed against the appellants will not stand in the way of the
revenue authorities doing the needful if convinced of the
genuineness of the claim advanced.
Sd/-
K.P. BALACHANDRAN
Judge
29/07/2008
en
[true copy]