Property boundary rights established under the Kerala Survey and Boundaries Act can be enforced through mandamus where no valid civil dispute obstructs their implementation.

JUDGMENT

Dated this the 14th day of December, 2022 This writ petition is filed seeking the following reliefs:

“(i) issue a writ in the nature of mandamus or any such other writ direction or order commanding the 4th respondent to implement Exhibit P7 (a) Order within a time frame fixed by this Hon'ble Court (ii) issue a writ in the nature of mandamus or any such other writ direction or order commanding respondents 4, 5 and 7 to provide adequate protection to the subordinates of the 4th respondent in the process of implementing Exhibit P7(a) order, from the misadventures of the party respondents.”

2. Heard the learned counsel for the petitioners and the learned Government pleader as well as the learned counsel appearing for respondents 8 to 11.

3. It is submitted by the learned counsel for the petitioners that the petitioners are the owners of 1.60 Ares of property comprised in Re.Sy.No.429/22 of Athiyanoor Village of Neyyattinkara Taluk of Thiruvananthapuram District. It is submitted that the petitioners purchased the property by Exhibit P1 document and constructed a house within the property. It is submitted that respondents 8 to 11 are the neighbouring property owners. It is stated that by Exhibit P3 proceedings, the boundary of the property of the petitioner was fixed under the provisions of the Kerala Survey and Boundaries Act , 1961 and the survey stones were also affixed. The proceedings were completed in December 2016. However, it was found that one of the boundary stones so fixed had been uprooted and the petitioners submitted Exhibit P4 complaint before the 6th respondent. It is submitted that pursuant to the complaint, due enquiries had been conducted by the Revenue authorities and Exhibit P8 report was also generated. It is submitted that even thereafter, no steps had been taken to re-fix the boundary stones and to permit the petitioners to construct compound wall in the boundary of their property. It is submitted that the petitioners have preferred Exhibit P10 complaint before the 6th respondent and Exhibit P11 request before all the concerned authorities including the police for protection for re-fixing the boundary stones and for construction of the compound wall in the property. It is submitted by the learned counsel for the petitioners that inspite of the requests being made and inspite of the reports generated by the authorities, no steps have been taken on the requests made by the petitioners.

4. A counter affidavit has been placed on record by respondents 8 to 11. It is submitted that the petitioner has filed the writ petition only to vex respondents 8 to 11 and to mentally harass them. It is submitted that respondents 8 to 11 have not obstructed the construction of any compound wall by the petitioners and that there is a civil dispute between the parties with regard to the boundary. It is stated that it was only with an intention to gain undue advantage in the property and boundary dispute going on between the petitioners and the respondents that the writ petition is filed.

5. The learned Government Pleader submits that the parties had been summoned to the police station and that there is no law and order situation at present. It is submitted that the contesting party respondents had contended that the dispute between the parties is a boundary dispute and therefore, the police had not taken any further steps in this regard.

6. Having considered the contentions advanced, I notice that Exhibit P3 proceedings had been concluded as early as on 08.12.2016 and the demarcation of the boundaries of the property in question was completed by the said proceedings. Thereafter, Exhibit P4 complaint was submitted by the petitioners which has resulted in Exhibits P5 and P8 reports of the Village Officer and Taluk Surveyor respectively. Apart from contending that the dispute between the petitioner and the contesting party respondents is a civil dispute, absolutely no contentions with regard to any civil litigation filed or pendi