IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 26496 of 2007(D) -------------------------- I.A.No.792/07 IN OS.708/2002 of ADDL.MUNSIFF COURT,KOZHIKODE-II .................... PETITIONER: ------------ 1. ISMALUTTY HAJI, AGED 65 YEARS, S/O. AHAMED HAJI, RESIDING AT MOOLATH, MAVOOR AMSOM, KALAPPALLY DESOM, KOZHIKODE TALUK. 2. AHAMMED BASHEER,S/O. POONTHOTATHIL ISMALUTTY HAJI,AGED 37 YEARS, RESIDING AT MOOLATH,MAVOOR AMSOM, KALAPPALLY DESOM, KOZHIKODE TALUK. 3. ABDURAHIMAN,S/O. POONTHOTATHIL ISMALUTTY HAJI,AGED 29 YEARS, RESIDING AT MOOLATH,MAVOOR AMSOM, KALAPPALLY DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ RESPONDENTS: ------------- 1. NADUKKANDY MUHAMMED, AGED 60 YEARS, S/O. ABOOBACKER, MAVOOR AMSOM DESOM, KOZHIKODE TALUK. 2. ALAVI, AGED 45 YEARS, S/O. ALI HAJI,KODAL THODIKAYIL, MAVOOR AMSOM ,PALANGATTU DESOM, KOZHIKODE TALUK. 3. BEERANKUTTY, AGED 53 YEARS, S/O. KARMUNNEERI,UNNI AMARAN VEETTIL, MAVOOR AMSOM ,PALANGATTU DESOM, KOZHIKODE TALUK. WP(C).No. 26496 of 2007(D) 2 4. MUHAMMED HAJI, AGED 50 YEARS, S/O. THIRIKKOTU ALI HAJI,PARUTHIPARAMMAL, MAVOOR AMSOM,KANNIPARAMBA DESOM, KOZHIKODE TALUK. 5. MUNEER THIRIKKOT, AGED 27 YEARS, S/O. AHAMMED , MAVOOR AMSOM, KALPPALLY DESOM, KOZHIKODE TALUK. 6. GRASSIM INDUSTRIES,REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, RETIRED COLONEL K.K.MANU NAIR,AGED 50 YEARS, FATHERS NAME NOT KNOWN, GRASSIM INDUSTRIES, MAVOOR AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.A.M.SHAFFIQUE (SR.) SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.P.SANJAY SRI.M.MUHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 26496 of 2007(D) PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PLAINT IN O.S.No.708/02 ON THE FILES OF THE ADDITIONAL MUNSIFF COURT-II, KOZHIKODE SUBMITTED BY PETITIONERS. EXT.P2: TRUE COPY OF THE WRITTEN STATEMENT DATED 10.1.2003 FILED BY THE DEFENDANTS. EXT.P3: TRUE COPY OF THE COMMISSION REPORT DATED 22.3.2006 SUBMITTED BY ADVOCATE COMMISSIONER. EXT.P4: TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF APPLICATION FOR REMITTING THE COMMISSION REPORT, I.A.No.1539/06. EXT.P5: TRUE COPY OF THE COMMISSION REPORT DATED 20.1.2007. EXT.P6: TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF THE PETITION, I.A.No.792/07 TO REMIT COMMISSION REPORT DATED 15.2.2007. EXT.P7: TRUE COPY OF THE IMPUGNED ORDER DATED 16.6.2007 PASSED BY THE MUNSIFF COURT, KOZHIKODE IN I.A.No.792/07. TRUE COPY M.N.KRISHNAN,J. -------------------------------------------------------- W.P.(C)No. 26496 OF 2007 I -------------------------------------- DATED THIS THE 3rd DAY OF JANUARY, 2008 J U D G M E N T This writ petition is preferred against the order of the Additional Munsiff-II, Kozhikode in I.A.No.792/07 in O.S.No. 708/02 whereby he has dismissed the application for remanding the Commissioner's plan and report. The main contention is that the Commissioner has not identified and measured the properties on the basis of land acquisition plan as directed by the court. The court below held that the Commissioner has verified the acquisition plan and found that there is no difference in the measurements and identity of the property done by him earlier. The court below held that it was a suit for injunction and it can be disposed of for which purpose, no remittance is necessary. The court below has recorded the objection of the petitioner to the Commissioner's report. So, I do not find any ground to interfere with the order of the court below invoking the jurisdiction under Article 227 of the Constitution of India. Therefore the writ petition is dismissed. But it is made clear that it will not disentitle the writ petitioner from adducing evidence against the Commissioner's plan and report at the evidence stage. M.N.KRISHNAN, JUDGE. dsn