IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11554 of 2008(A) -------------------------- PETITIONER: ------------ OUSEPH ANTONY ALIAS KOCHAPPU,AGED 80 YR, S/O.LATE ANTONY, MANJALI HOUSE, VELLANKODE, MUTTITHADI.P.O., KALOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.A.AUGUSTIAN RESPONDENTS: ------------- 1. THE ASSISTANT ENGINEER, PEECHY PROJECT SECTION, MANNAMANGALAM, THRISSUR DISTRICT. 2. THE ASSISTANT EXECUTIVE ENGINEER, HEAD WORKS SUB DIVISION, PEECHY, THRISSUR-680 659. 3. THE THAHASILDAR, MUKUNDHAPURAM TALUK, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 11554 of 2008 ------------------------------------- Dated: APRIL 4, 2008 JUDGMENT The dispute in this writ petition is regarding the ownership of the tree. 2. While the petitioner claimed ownership over the same, the Irrigation Department is claiming that the land where the tree stands is theirs. This necessarily calls for survey and demarcation of the property in dispute. 3. It is seen from Ext.P4 that the 2nd respondent himself had requested for surveying and demarcating the property. It is also seen from Ext.P11 that the survey was conducted, but, however, there was no clarity regarding the boundary of the property. In view of this the papers have been again forwarded to the 3rd respondent for further action. 4. It is obvious that as at present the boundary of the property has not been determined and that, that alone can resolve the dispute. Therefore, directing that the 3rd respondent shall WP(C) 11554/08 Page numbers complete the process in pursuance to Ext.P11 as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. It is further directed that on receipt thereof, the 2nd respondent shall take a final decision in this matter. Petitioner shall produce a copy of this judgment before respondents 2 and 3 for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-