IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 19424 of 2007(K)
1. BIJU, S/O SAVITHRY, AGED 34 YEARS,
... Petitioner
Vs
1. BHASKARAN, S/O PAPPAN, AGED 60 YEARS,
... Respondent
2. SUBHASH CHANDRAN, S/O BHASKARAN,
For Petitioner :SRI.VISHNU.R
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/06/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C)No. 19424 OF 2007 K
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Dated this the 25th June, 2007.
JUDGMENT
This writ petition is filed seeking to quash the order
in E.P.257/06 in O.S.189/96. There is a decree passed by
the court whereby the decree holder is entitled to have his
boundary wall constructed along with the BJ line in Ext.C1
(a) plan. Now there cannot be a finding to the effect that
the surveyor has to fix the BJ line and thereafter the
commissioner to do the work. The court can only direct the
surveyor or the commissioner to find out the BJ line in
Ext.C1(a) plan and permit the decree holder to construct
the wall along the BJ line. Since the other side has not
appeared before this Court, I direct the learned Munsiff to
pass an order in the light of the observations, after
hearing the other side. Writ petition is disposed of
accordingly.
M.N.KRISHNAN
Judge
jj