Petitioner challenged survey proceedings initiated under the Kerala Survey and Boundaries Act during a pending civil suit for boundary dispute. The Court held that pending suit does not impede administrative proceedings. Petition dismissed.
The writ petition is dismissed, confirming that pending civil suit is not an impediment for survey authorities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938
WP(C).No. 15829 of 2016 (C)
PETITIONER(S) :
ABDUL SALAM,
S/O.KUNHIPPOCKER, PALAKKULATH HOUSE, VAZHAKKAD (P.O.), VAZHAKKAD KARAYIL, KONDOTTY TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT(S) :
1. THE DISTRICT COLLECTOR MALAPPURAM, MALAPPURAM DISTRICT - 676 505.
2. THE DISTRICT SURVEY SUPERINTENDENT, MALAPPURAM DISTRICT - 676 505.
3. MUHAMMED, S/O.UNNIMOYI, KUNNATHKULANGRA KODAKKAT HOUSE, VAZHAKKAD (P.O.), VAZHAKKAD KARAYIL, KONDOTTY TALUK, MALAPPURAM DISTRICT - 673 640.
R1 & R2 BY GOVERNMENT PLEADER SRI.GOPAKUMAR R3 BY ADVS. SRI.S.PRASANTH (AYYAPPANKAVU) SMT.VARSHA BHASKAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 15829 of 2016 (C)
APPENDIX
PETITIONER(S)' EXHIBITS :
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.B.SURESH KUMAR, J.
W.P.(C)No.15829 of 2016
Dated this the 27th day of May, 2016
JUDGMENT
The petitioner holds 5 cents of property in survey Nos 196/5, 143/13,185/2, 17/11/2, 163/1, 133/17, 133/9, 197/3 of Vazhakkad Village. The third respondent owns a property on the south western side of the property of the petitioner. The case of the petitioner is that both the petitioner as also the third respondent had though applied for fixing the boundary separating their properties under the Kerala Survey and Boundaries Act (“the Act” for short), no action was taken by the authorities on their requests. According to the petitioner, in the meanwhile, the third respondent had attempted to trespass into the property of the petitioner and therefore, he filed O.S.No.82 of 2015 before the Munsiff Court, Manjeri, seeking a decree of
W.P.(C)No.15829 of 2016
2
permanent prohibitory injunction restraining the third respondent from trespassing into his property, and the said suit is pending. Ext.P1 is the plaint in the said suit and Ext.P2 is the ad-interim order of injunction passed in the said suit restraining the third respondent from destroying the boundary separating the properties. The case of the petitioner is that after the institution of the suit, the second respondent has initiated proceedings under the Act and issued Ext.P3 notice. The case of the petitioner is that since a suit of the aforesaid nature is pending consideration before a competent civil court, proceedings under the Act cannot be initiated.
W.P.(C)No.15829 of 2016
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decisions of the survey officers. The Act also provides for a revision before the District Collector against the decisions of the appellate authority. The Act further gives liberty to persons who are aggrieved by the decisions of the authorities under the Act to prefer a suit challenging the same. The suit contemplated under the Act is a suit to be instituted after the culmination of the proceedings under the Act. The present suit, in the circumstances, cannot be an impediment for the authorities under the Act to continue and complete the proceedings initiated by them. The writ petition, in the circumstances, is dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
smm
2 issues framed by the court
Whether pending civil proceedings for boundary dispute act as an impediment for authorities to initiate proceedings under the Kerala Survey and Boundaries Act.
Whether the initiation of survey proceedings under the Act should await the conclusion of a pending suit for permanent injunction regarding the same property.
Abdul Salam
The District Collector, Malappuram
The District Survey Superintendent, Malappuram
Muhammed
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
