IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 18034 of 2007(V) -------------------------- PETITIONER: ------------ 1. KURIYAN, AGED 45, S/O.GEORGE, ALIYATTUKUDY HOUSE, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. 2. VIJU, S/O.GEORGE, ALIYATTUKUDY HOUSE, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. 3. VALSA, W/O.GEORGE, ALIYATTUKUDY HOUSE, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: ------------- 1. MARIYAKUTTY, W/O.PATHROSE, VALLIMALIL HOUSE, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. 2. SHERLY, W/O.SAJU PETER, VALLIMALIL HOUSE, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. 3. NEEL, S/O.SAJU, VALLIMALY HOUSE, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. 4. NIMA, D/O.SAJU, VALLIMALY HOUSE, MUDAKKUZHA KARA, VENGOOR WEST VILLAGE. BY ADV. SRI.THOMAS M.JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.18034/2007 EXT.P1 TRUE COPY OF PLAINT IN O.S.NO.144/01 OF MUNSIFF'S COURT, PERUMBAVOOR, DATED 25.7.2001. EXT.P2 TRUE OCPY OF COMMISSION REPORT DATED 10.8.2001 FILED BY THE COMMISSIONER AS PER ORDER IN I.A. 1167/02 EXT.P3 TRUE COPY OF ROUGH SKETCH FILED ALONG WITH EXT.P2 EXT.P4 TRUE COPY OF COMMISSION REPORT DATED 1.7.2006 AS PER ORDER IN I.A.NO.510/05 EXT.P5 TRUE COPY OF SURVEY PLAN PREPARED AS PER OLD SY. AND PRODUCED ALONG WITH EXT.P4 EXT.P6 TRUE COPY OF SURVEY PLAN PREPARED AS PER RE-SURVEY AND PRODUCED ALONG WITH EXT.P4 EXT.P7 TRUE COPY OF OBJECTION FILED BY THE PETITIONERS ON 15.1.07 TO EXT.P4 TO P6 EXT.P8 TRUE COPY OF I.A.307/07 DATED 25.1.2007 FILED BY THE PETITIONERS IN O.S.144/01. //TRUE COPY// P.A. TO JUDGE. M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.18034 of 2007 ------------------------------- Dated this the 12th June, 2008. J U D G M E N T Petitioners are the plaintiffs in O.S.No.144/2001, on the file of Munsiff Court, Perumbavoor. After the report submitted by the Commissioner was remitted to the Commissioner and Commissioner submitted a further report and plan, petitioners filed I.A.No.1167/2001 for remitting the report once again, back to the Commissioner, contending that Commissioner did not comply with the earlier directions. The case of the petitioners is that even though as per the work memo, Commissioner has to report the actual width of the way upto plaint 'A' schedule property, what is reported under Ext.P10 report and Ext.P11 plan is only that as requested by the counsel for plaintiffs under the work memo, way has been shown in the plan. Commissioner has not directly answered the objections raised. Under Ext.P15 order, learned Munsiff did not consider this crucial aspect. In such circumstances, Ext.P15 order is quashed. Learned Munsiff is directed to remit the report back to the Commissioner to file a further report, at the expense of the plaintiffs. W.P.(C) No.18034/2007 2 The Commissioner shall verify each and every objection raised in I.A.No.1167/2001 and file a report specifically answering the objections, after verification. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.