IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH AUGUST 2007 / 25TH SRAVANA 1929 WP(C).No. 10553 of 2006(F) -------------------------- AGAINST THE ORDER IN IN IA 2415/2005 IN OS.285/2004 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONER: ------------ RUKHIYA BEEVI, W/O. HANEEFA RAWTHER, PLAMOOTTIL VEEDU, CHUNAKKARA THEKKUM MURI, CHUNAKKARA VILLAGE. BY ADV. SRI.R.REJI SMT.SHIVA RAJA RESHMI RESPONDENTS: ------------- LATHEEF, MUKALUVILA PADINJATTETHIL CHUNAKKARA THEKKUM MURI, CHUNAKKARA VILLAGE. BY ADV. SRI.C.RASHEED SRI.G.GOPAKUMAR (CHERTHALA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS EXTS: EXT.P1: TRUE COPY OF THE PLAINT IN O.S.NO: 285/04 OF THE MUNSIFF'S COURT, MAVELIKKARA EXT.P2: -DO- OF THE WRITTEN STATEMENT IN O.S.NO:285/2004 ON THE FILES OF THE MUNSIFF'S COURT, MAVELIKKARA EXT.P3: -DO- OF I..A NO: 2415/05 DT. 24.11.2005 IN O.S. NO: 285/04 ON THE FILE OF THE MUNSIFF'S COURT, MAVELIKKARA EXT.P4: -DO- OF THE ORDER IN I.A. NO:2415/05 DT.4.2.2006 IN O.S.NO:285/04 ON THE FILE OF THE MUNSIFF'S COURT, MAVELIKKARA EXT.P5: -DO- OF THE JUDGMENT IN W.P(C) 29329/06 jj /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. ----------------------------- WP(C).No. 10553 OF 2006 F ----------------------------- Dated this the 16th August, 2007. JUDGMENT This writ petition is preferred against the order of the Munsiff, Mavelikkara in I.A.2415/05 in O.S.285/05. It was an application for issuance of a commission with a surveyor to measure of the plaint schedule property. The court below dismissed the application on the ground that the resurvey has become final and so the petition cannot be allowed. The said order was passed on 4.2.2006. It is seen that this court has considered this question in another writ petition, W.P(C) 29329/06 which was disposed of on 2.1.2007. As per the operative portion of the order this Court held "when the commissioner was appointed the court could have directed the commissioner to furnish all data including the boundaries in accordance with original survey plan and documents and resurvey plan. It is for the court to decide, after getting the data which is the correct boundary. Ext.P7 order is therefore modified directing the commissioner to identify the property in accordance with the boundaries in the title deed as well as in the original survey plan as well as with reference to the resurvey plan." In the light of the observations contained in the order extracted above, it is necessary for WPC 10553/06 2 the court below to issue a commission to measure the properties in accordance with the documents of the parties, old survey plan and the new survey plan, if any and thereafter dispose of the matter in accordance with law after permitting the parties to file objections. Therefore the writ petition is allowed, the order under challenge is set aside, the court below is directed to issue commission and parties are directed to file work memo before the commissioner to note the points which they want. M.N.KRISHNAN Judge jj