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2020 Supreme(Online)(KER) 38567

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
USHAKUMARI.K
– Appellant
Versus

M.P.PUSHPAKUMARI – Respondent


Advocates:
SRI.P.M.JOSHI

JUDGMENT

The abovesaid contempt of court case has been filed alleging non compliance of the directions issued by this Court in Annexure-1 judgment dated 31.07.2018 rendered in W.P.(C.) No.25736/2018 filed by the petitioner herein.

2. Sri. Saigi Jacob Palatty, learned senior Government Pleader appearing for the respondent officer on the basis of the instructions as well as on the basis of the pleadings in the affidavit dated 10.12.2019 filed in this contempt case, including the documents produced therein as Annexures- R1(a) and R1(b) would submit that the respondent officer has conducted survey of the subject property with the due assistance of the Taluk surveyor concerned, who has also prepared Annexures-R1 (a) and R1(b) sketches. Now, it has been revealed that the parties have unilaterally altered the boundary on the eastern side and also the lie of the pathway. Therefore, the petitioner may have to approach the civil court to get the recovery of possession and alteration of boundary and that therefore, the statutory authorities as per the provisions contained in the Kerala Survey and boundaries Act, 1961 may not be in a position to deal with the matter in accordance with the law.

3.

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