IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 OP(C).No. 2063 of 2011(O) ----------------------------------- AGAINST THE ORDER DATED 07/02/2011, IN IA 3613/10 IN OS.140/2007 of ADDL.MUNSIFF COURT,CHERTHALA .................. PETITIONER : - -------------------- BALAKRISHNAN, S/O. DHANWANTHARAN, PADMALAYAM, THEKKUM MURI, CHERTHALA THEKKU VILLAGE. BY ADV. SRI. UNNIKRISHNAN.V. ALAPPAT RESPONDENTS : - -------------------------- 1. LEELA, W/O.SUKUMARAN, VELIYIL FROM POOVATHUNKAL, PERUMTHURUTHU MURI, THANNEERMUKKAM SOUTH VILLAGE. 2. SANTHOSH, S/O.SUKUMARAN, OF --DO-,-DO- 3. PUSHKARAN, S/O.SUKUMARAN, OF -DO-,-DO- 4. MANJU, S/O.SUKUMARAN, OF -DO-,-DO- 5. DISTRICT COLLECTOR, ALAPPUZHA, KERALA. 6. TALUK SURVEYOR, TALUK OFFICE, CHERTHALA. R1-R4 BY ADV. SRI.V.P.K. PANICKER R5 & R6 BY GOVT. PLEADER SRI. K.C. VINCENT THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2063 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE PLAINT IN OS 140/2007 OF MUNSIFF COURT, CHERTHALA. EXT P2 : THE PLAINTIFF THEN FILED COMMISSION APPLICATION FOR MEASURING AND LOCATING THE PROPERTIES DATED 16.06.2009. EXT P3 : COPY OF THE PETITION FILED BY THE RESPONDENTS 1,2 AND 4 IN I.A 2507/10 FOR ALLOWING TO MEASURE THE PROPERTY ON THE BASIS OF AVAILABLE PLAN. EXT P4 : COPY OF THE LETTER RECEIVED FROM THE RE SURVEY SUPERINTENDENT DATED 08.06.2010. EXT P5 : COPY OF THE PLAN. EXT P6 : COPY OF THE OBJECTION DATED 01.10.2010. EXT P7 : COPY OF THE IA FILED BY THE PETITIONER IN I.A 3613/10 FOR DIRECTING RESPONDENTS TO PRODUCE DOCUMENTS. EXT P8 : COPY OF THE OBJECTION DATED 11.01.2011. EXT P9 : COPY OF THE ORDER DATED 07.02.2011 IN IA 3613/10 IN OS 140/07 OF THE ADDITIONAL MUNSIFF, CHERTHALA. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.2063 of 2011 --------------------------------------- Dated this 11th day of November, 2011 JUDGMENT Plaintiff in O.S.No.140 of 2007 of the Court of learned Additional Munsiff, Cherthala is the petitioner herein, challenging Ext.P9, order. The suit is for prohibitory injunction to restrain the respondents locating item No.2 of the plaint schedule otherwise than by measurement on the basis of the basic documents and locating the same within the boundaries of item No.1. Petitioner filed Ext.P2, application for the appointment of a survey commission and the same was allowed. Respondents 1 to 4 filed I.A.No.2507 of 2010 to allow measurement of property on the basis of the available plan as the original according to them is not available. Petitioner objected to that application contending that predecessor-in-interest of respondents 1 to 4 got the property after measurement and locating it, the property was surrendered after measurement and respondents 5 and 6 (revenue officials) should have two plans with them. Petitioner filed I.A.No.3613 of 2010 to direct respondents 5 and 6 to produce the documents. That was objected by respondents 5 and 6. Respondents 5 and 6 contended that even if the documents are with them, petitioner O.P(C).No.2063 of 2011 -: 2 :- has to apply for a copy of the same and get it. That objection was accepted by the learned Munsiff by Ext.P9, order. Learned Munsiff observed that since the documents are public documents, petitioner can get its copy on application. 2. When the matter came up for hearing, learned Government Pleader who appeared for respondents 5 and 6 after getting instruction has submitted that the relevant records are in the office of the Superintendent of Resurvey, Cherthala and that if petitioner prefers application for copy of the relevant documents available in that office, there is no difficulty in issuing copy as per the relevant Rules. Learned counsel for petitioner states that petitioner is prepared to make such an application. 3. In the view of that, it is not necessary to interfere with Ext.P9, order. But, I make it clear that if petitioner makes an application for a copy of the relevant documents in the custody of the Superintendent of Resurvey, Cherthala, the said officer shall deliver a copy to the petitioner as the Rule provides as to its cost etc. The said officer shall also ensure that since the suit is pending decision in the court below since 2009 onwards, copy applied for is issued as early as possible giving it top priority. With the above direction, this original petition is disposed of. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-