This Writ Petition is filed challenging Ext.P18 series of notices issued under the Survey and Boundaries Act by the Taluk Surveyor. According to the petitioner, there is a civil suit pending before the Munsiff's Court, Kollam with regard to the same subject matter and present notices are issued at the instance of some other persons. Ext.P18 notices are under the Survey and Boundaries Act to redetermine the boundaries of the property belonged to the petitioners and therefore, this Court do not find any irregularity in conducting survey. However, this shall be done only after adverting to the petitioners objection and also measuring the property belonged to the petitioners based on their title deeds.
Petitioners also have urged that the properties lying on eastern and western side of the pathway have also to be measured and determined. This objection has also to be considered before finalising the proceedings based on Ext.P18. It is made clear that survey proposed today shall be finalised only adverting to the above aspects. However, petitioners shall raise their objection against Ext.P18 before the second respondent within a period of three W.P(C).No.25806 of 2014 2 weeks from today and the second respondent shall finalise the proceedings within a further period of six weeks after affording an opportunity of being heard to the petitioners. The petitioners apprehend that survey being conducted by the Taluk Surveyor at the instigation of the party respondents. I am of the view that apprehension of the petitioners shall be safeguarded. Therefore, the Survey Superintendent shall supervise the survey being conducted by the Taluk Surveyor based on the notices issued under Forum No. 12. It is made clear that any determination of the boundary will be subject to the final outcome in the civil suit.
Writ Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/13/10/14