JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the plaintiff in O.S.No.13/2017 before the Munsiff Court, Pala. In the writ petition, he is aggrieved by the steps taken by the 4th and 5th respondents to identify and demarcate the boundaries of property belonging to the 7th respondent. It is his contention that under the guise of marking the boundaries of the properties of the 7th respondent, the 4th and 5th respondents have encroached into his property which is the subject matter of the suit before the Munsiff Court, Pala.

(2.) When the writ petition came up for admission before this Court, this Court by an order dated 16.11.2019 directed that the proceedings for demarcation and survey, pursuant to Ext.P12 can go on. However, the physical status of the property was not to be obliterated under the guise of survey and demarcation. The proceedings were also kept in abeyance without finalization pending further orders from this Court. When the matter was taken up for consideration today, the learned counsel for the petitioner would rely on the unreported judgment dated 19.11.2008 of a learned Single Judge in W.P.(C) No.25100 of 2008 wherein, in almost similar circumstances, where a civil suit was pending, the learned Single Judge directed that, while the survey and demarcation procedure could be continued, the report drawn up by the authorities under the Survey and Boundaries Act would have to be placed before the civil court in the pending proceedings before that court so that the civil court could have the benefit of that report at the time of disposal of the suit.

(3.) Taking cue from the said judgment, I find that in the instant case, since the survey and demarcation was pursuant to a direction from this Court in Exts.P10 and P11 judgments, the 4 th and 5th respondents cannot be prevented from completing the exercise of demarcation of boundaries of the properties of the 7th respondent. I find force in the contention of the learned counsel for the petitioner, however, that the report if any drawn up by the 4th and 5th respondents should be placed before the civil court in O.S.No.13/2017, that is, pending before the said court. I therefore dispose this writ petition with the following directions: