----------------------- The petitioner has approached the 2nd respondent Additional Tahsildar for fixing the boundary of his property. There are civil suits pending between the petitioner and the party respondents. This Court by Ext.P7 judgment directed to take steps to determine the boundary after hearing the petitioner and party respondents. Based on the above direction, the Taluk Surveyor conducted a survey and prepared a report Ext.P9 is the report. He also prepared a sketch. It is stated in Ext.P9 report, there are differences in boundaries and extents and without showing the actual boundary, it may be difficult to prepare sketch and record. Therefore, only after fixing the boundary, survey sketch can be issued to the petitioner. By Ext.P9, the Tahsildar requested the petitioner to show the boundary for the purpose of taking steps to issue survey sketch. I am of the view that if there are disputes between the parties with regard to boundary, that can be only resolved through W.P.(C).No.30231 of 2014
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civil court. However, the Taluk Surveyor shall issue notice to the petitioner and respondents 4 and 5 shall attempt to fix the boundary with respect to boundary shown in the document, if otherwise extent or measurement is not shown in the document.
2. If those factors are not in existence, issue a sketch showing that boundary is determined based on the identification by the parties after verifying survey records. Therefore, the survey shall be conducted, in the light of above direction after issuing notice to the petitioner and party respondent.
3. It submitted by the petitioner that a pathway is exist in his property and it is shown as a public path way, which is exclusively belongs to the petitioner and it is a private pathway. Therefore resurvey shall be conducted to identify property whether this form part of petitioner’s property or in the Government land. Therefore necessary enquiry shall be conducted on the above fact and decision shall be taken after adverting to those facts. Needful W.P.(C).No.30231 of 2014
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shall be done within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above A.MUHAMED MUSTAQUE, JUDGE jm/