IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 25669 of 2010(O) ------------------------------------ OS.86/1995 of SUB COURT, HOSDRUG .................... PETITIONER(S): ----------------------- ABRAHAM PHILIP, S/O.P.M.PHILIPOSE, CHEEMENI VILLAGE, HOSDRUG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT(S): ------------------------ 1. MATHEW PHILIP, S/O.P.M.PHILIPOSE, PUTHATUKADUPIL HOUSE, PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT, PIN 686011. 2. HEAD SURVEYOR, KASARAGOD 671121, KASARAGOD DISTRICT. BY GOVERNMENT PLEADER SRI.JAYAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH,J. --------------------------------------- W.P(C).NO. 25669 OF 2010 ------------------------------------------ Dated this the 2nd day of September, 2010. JUDGMENT Petitioner is the plaintiff in O.S.No.86/95 of the court of learned Sub Judge, Hosdurg. In the course of the suit petitioner filed an application to issue of a commission to identify the suit property with the help of the Village Officer. The application was allowed. The advocate commissioner filed a memo expressing inability to carry out the work due to the non co-operation of the Village Officer. Petitioner filed I.A.No.26/2000 to reject that memo and direct the advocate commissioner to carryout the work. Learned Sub Judge dismissed that application. That order was challenged in this Court in C.R.P.No.501 of 2000. This Court allowed the C.R.P and directed the learned Sub Judge to issue necessary direction to the advocate commissioner to complete the work with the assistance of the Taluk Surveyor. Thereafter, petitioner filed application to direct the Taluk Surveyor to render his service for measuring the property. On various dates referred to in the petition, advocate commissioner issued notice to Taluk Surveyor and the parties to be present at the spot for execution of the commission warrant. But the Taluk Surveyor was present only on three days. That fact was brought to W.P(C).NO. 25669 OF 2010 2 the notice of learned Sub Judge. The Tahasildar, Hosdurg sent a letter to the learned Sub Judge stating that Taluk Surveyor requires Rs.29,177/- as advance payment for completing the work. Petitioner resisted that request. Learned Sub Judge directed petitioner to deposit the said amount. That order was challenged in WP(C). No.6108 of 2006. This Court in the judgment dated 12-7-2007 directed learned Sub Judge to substitute the Taluk Surveyor with the Head Surveyor of the District and also directed District Collector, Kasargod to issue necessary direction to the Head Surveyor to expedite and complete identification of the suit property. It was also directed that the sum of Rs.29,177/- in deposit shall not be released until commission work is complete. Grievance of petitioner is that inspite of the directions in the judgment of this Court dated 12-7- 2007 identification work has not so far been competed on account of indifferent attitude taken by the Head Surveyor. Hence necessary directions are sought for in this writ petition. 2. When the matter came up for hearing, I directed learned Government Pleader to obtain report from the District Collector and the Head Surveyor concerned. Learned Govt. Pleader has filed the reports. The reports say that the Head Surveyor is willing to assist the advocate commissioner if notice of inspection is given to him. I W.P(C).NO. 25669 OF 2010 3 have heard learned counsel for petitioner and the learned Government Pleader. 3. What is required is only to direct the Head Surveyor to co- operate with the advocate commissioner in executing the commission warrant. It is pointed out by the learned Govt. Pleader that the Head Surveyor has even given a letter to the advocate commissioner on 26-8-2010 ( after the filing of this writ petition) to suggest a suitable date for execution of the commission warrant. Resultantly, this writ petition is disposed of directing the Head Surveyor, Kasargod to render necessary assistance to the advocate commissioner to execute the commission warrant. The Advocate commissioner shall intimate the date of inspection sufficiently in advance to the Head Surveyor of the District. The Advocate Commissioner and Head Surveyor shall expedite their proceeding since the suit is of the year 1995. The writ petition is disposed as above. THOMAS P JOSEPH,JUDGE. pm