I have heard the learned counsel appearing for both sides quite in extenso.
2. The issue relates to a portion of land, which, according to the petitioner, is being used as a public path way. This allegation is stoutly denied by respondents 4 and 5.
3. Apparently, the whole issue arose on account of certain entries made in the resurvey records, on which the petitioner placed reliance. Section 13A of the Kerala Survey and Boundaries Act empowers the District Collector to correct the defects or mistakes regarding the determination of boundary on an application by the aggrieved person. The learned counsel for respondents 4 and 5 has submitted that for the identifying the property in dispute, they have approached the District Collector with a proper representation (Ext.R4-2).
3. The Taluk Surveyor concerned has been impleaded as directed by this Court. The learned Government Pleader submits that Ext.R4-2, submitted by respondents 4 and 5 before the District Collector, is still pending and the Taluk Surveyor has been directed to identify the property on the basis of a proper measurement.
4. Respondents 4 and 5 have filed IA No.2472/2014 for getting their property identified with the help of the Taluk Surveyor. As this exercise is pending in connection with the application filed by respondents 4 and 5 under Section 13A of the Kerala Survey and Boundaries Act before the District Collector, it is only just and proper to direct the Taluk Surveyor to identify the property and to submit a report before the District Collector. This shall be done within a period of two months from today. On receipt of the report, the District Collector concerned shall consider the matter and pass appropriate orders after affording the petitioner, respondents 4 and 5 as well as the respondent Panchayath an opportunity of being heard.
While considering the issue, the District Collector shall also consider whether there exists a public pathway as alleged by the petitioner and if it is ultimately found that there is a public pathway, it shall be open to the respondent Panchayath to proceed with in accordance with law.
With the aforesaid directions, the writ petition is disposed of.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-