Petitioner approached this Court aggrieved by Ext.P5 notice issued by the Taluk Surveyor, Kannur. By Ext.P5, petitioner has been directed to show the boundary and other materials to determine the boundary of the properties in Aroli amsam, Pappinisseri Village. It seems that Mundavalappu Residents Association Secretary has made an application before the Surveyor. Petitioner's case is that none of the neighbouring owners have any objection in this matter. Therefore, any application submitted by any association shall not be acted upon.
2. It is submitted that survey is proposed tomorrow.
Statutory authority has to exercise the power under Survey and Boundaries Act based on genuine need of any person. If residents association have no adjoining property, the statutory authorities are not bound to measure the petitioner's property for the purpose of determining boundary. Therefore, before taking steps to measure, survey and determine the boundaries of petitioner's property, the Taluk Surveyor shall find out whether the Mundavalappu residents association have any adjoining W.P(C).No.30337 of 2014 N 2 property. If it is found that there are no adjoining property to them, it is not necessary to measure the petitioner's property. Sufficient opportunity be given to the petitioner to produce all relevant records and materials to substantiate her claim regarding boundary. It is made clear that if any inspection is made in her absence, further inspection has to be made after giving sufficient notice to the petitioner. It is also made clear that if any civil suit is pending, any exercise carried out by the Taluk Surveyor will be subject to such decision of the competent civil court.
The Writ Petition is disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/14/11/14