IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BE MR.JUSTICE HARUN-UL-RASHID FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 2716 of 2009(W) ------------------------- I.A.1365/08 IN OS.172/2004 of MUNSIFF'S COURT,THODUPUZHA .................... PETITIONERS: ------------------- 1. ABDUL RAZACK, S/O. KASSIM, LABBA HOUSE, CHELACHUVADU KARA,KANJIKUZHI VILLAGE, IDUKKI DISTRICT. 2. KHADEEJA RAZACK, W/O. ABDUL RAZACK, LABBA HOUSE, CHELACHUVADU KARA, KANJIKUZHI VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.GEORGE THOMAS (MEVADA) RESPONDENTS: --------------------- 1. MUSTAFA, S/O. HAMEED, AGED 56 YEARS, THOTTUMKARAYIL HOUSE, EDAVETTY KARA, KARIKODE VILLAGE, NOW WORKING AT P.B. NO.1138, MOUMEA-RP,98845 - NOVMEA, NEW CALIDONIE, REP. BY HIS AGENT AND BROTHER T.H. THAJUDEEN, S/O.HAMEED, AGED 31 YEARS, THOTTUMKARAYIL HOUSE,EDAVETTY KARA 2. MISSIRI, W/O. MUSTAFA, AGED 49 YEARS, THOTTUMKARAYIL HOUSE, EDAVETTY KARA,KARIKODE VILLAGE, NOW WORKING AT P.B. NO. 1138, MOUME-RP, 98845 -NOVMEA, NEW CALIDONIA, REP. BYHER AGENT AND BROTHER T.H.THAJUDEEN, S/O. HAMEED,AGED 31 YEARS, THOTTUKMARAYIL HOUSE, EDAVETTY KARA, ADV. SRI.T.J.MICHAEL FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF THE REPORT WITH SKETCH DATED 8/6/04. EXT.P2 TRUE PHOTOCOPY OF THE JUDGMENT IN O.S.137/04 DATED 12/7/05. EXT.P3 TRUE PHOTOCOPY OF THE PLAINT O.S.NO.172/04 DATED 24/6/04. EXT.P4 TRUE PHOTOCOPY OF THE I.A.1001/04 IN O.S.172/04 DATD 24/6/04. EXT.P5 TRUE PHOTOCOPY OF THE I.A.NO.1365/08 DATED 17/11/08 EXT.P6 TRUE PHOTOCOPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER DATED 5/12/08. EXT.P7 TRUE PHOTOCOPY OF THE ORDER DATED 12.1.08. HARUN-UL-RASHID,JJ. ------------------------------- W.P.(C). NO. 2716 OF 2009 ------------------------------- DATED THIS THE 17TH DAY OF SEPTEMBER, 2010 JUDGMENT Defendants in O.S.No.172/04 are the writ petitioners. Plaintiffs in the suit, who are respondents herein, filed I.A.No.1365/08 praying to appoint an Advocate Commissioner to survey and identify the properties mentioned in the petition with the assistance of a qualified Surveyor. Plaintiff prayed for survey and identify the properties covered by five settlement deeds and to ascertain whether there is any means of access/way if any provided in the suit properties. Defendants in the suit seriously opposed the prayer. The Munsiff's Court, Thodupuzha, after hearing both sides, allowed the petition on payment of a cost of Rs.1,000/-. In the affidavit filed in support of the petition for appointment of a Commissioner, it is stated that it is highly necessary to bring on record the different means of access provided by the settler in the different plots of land settled by him in favour of his sons and -2- WP(C).No.2716/2009 daughters. Identification of such plots by survey and demarcation is necessary in the interest of justice and for proper adjudication of the dispute involved in the case. The court below allowed the request of the plaintiff. 2. I do not find that any sustainable grounds are made out by the petitioners against the impugned order, Ext.P7. I find that Ext.P7 order was passed taking into account the reasons stated for appointment of an Advocate Commission. In the circumstances, no interference is necessary in the order passed by the Munsiff's Court. The learned counsel for the petitioners submitted that in addition to the matter to be ascertained as requested by the plaintiffs, the petitioners also wanted certain matters to be ascertained by the Commissioner. In the said context, the petitioners can file work memo before the Commissioner stating the matters to be ascertained at their instance. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.