2008 (2) TMI 853

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... J. The prayers in these writ petitions are for declaring that the boundaries indicated in the plans produced in Ext.P12 in W.P.(C) 26103, 26155 and 26136 of 2007 and Ext.P11 in WP(C) 26174 of 2007 and the boundaries of the properties involved in those cases. According to the petitioners these plans were prepared on the basis of a joint survey and therefore the boundaries indicated therein s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Court, appeals have been filed and these appeals are now pending before the District Court, Manjeri. 4. In the meanwhile petitioners would contend that a joint survey was conducted and on conclusion thereof, the plan was prepared. It is also contended that certified copy of the plan was issued to these petitioners in settlement of the boundary dispute. It is on that basis that during the pende....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tially one for declaration of boundary and in the nature of the factual disputes that are raised by the respondents in these writ petitions, it is not possible for this court to grant such a relief in a proceedings under Art.226 of the Constitution of India. The petitioners have approached the civil court and the matter is now pending consideration of the appellate court and it is for the civil co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s to obtain effective orders from the civil court in the meanwhile. 8. It is pointed out by the 5th respondent, the contractor who has been awarded the tender by the Government for working down the timber, that out of the total extent of 17.12 hectares, the disputed area is only 8 acres and therefore excluding the disputed area, he should be permitted to proceed with the work. This request is n....