9911796707
TMI Blog2008 (2) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... tions 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 should be accepted as boundaries demarca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals 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 pendency of the appeals before the District Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 court to adjudicate the issue and to render a findi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 not objected and therefore the interim order will be c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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