IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 21777 of 2009(O) -------------------------------------- OS.206/2007 of MUNSIFF COURT, ALATHUR .................... PETITIONER(S): ----------------------- 1. KURIAKOSE, S/O.VARKEY, THANNIKKOTTU HOUSE, PANTHALAMPADAM, KANNAMBRA AMSOM, DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. RAICHAL KURIAKKOSE, W/O.KURIAKKOSE, THANNIKKOTTU HOUSE, PANTHALAMPADAM, KANNAMBRA AMSOM, DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. 3. T.K. SHIJU, S/O.KURIAKOSE, THANNIKKOTTU HOUSE, PANTHALAMPADAM, KANNAMBRA AMSOM, DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY MR.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE ADV. MR.K.MOHANAKANNAN RESPONDENT(S): ------------------------ VATSALA, W/O.SASIDHARAN, MOOKKASSERRIL HOUSE, NADATHIPPARA, KANNAMBRA AMSOM, DESOM, ALATHUR TALUK, PALAKKD DISTRICT, PIN-678 683. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.21777 of 2009 - O --------------------------------- Dated this the 12th day of August, 2009 J U D G M E N T The writ petition is filed seeking the following relief: “To issue a writ of certiorari or any other appropriate writ, order or direction, to call for the records leading to Ext.P10 and quash the same.” 2. Petitioners are the defendants 1 and 2 in O.S.No.206 of 2007 on the file of the Munsiff Court, Alathur. Suit is one for perpetual prohibitory injunction and respondent is the plaintiff. A commissioner appointed by the court conducted inspection, measured out the property with the assistance of a surveyor and filed a report and plan. Petitioners/defendants filed objections to the report and plan seeking for setting them aside. Learned Munsiff, after hearing the counsel on both sides, negatived the objections raised by the defendants vide P10 order. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel for the petitioner. W.P.(C).No.21777 of 2009 - O 2 4. Having regard tot he submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent/plaintiff is necessary and it is dispensed with. 5. A report was called for from the learned Munsiff to ascertain whether petitioners have been given opportunity to examine the commissioner and also surveyor to substantiate their objections to the report and plan. The report would show that after filing of the counter, the application moved by the petitioners was posted for enquiry on 26.5.2009 and thereafter the application was heard and disposed under P10 order. The question emerging for consideration is whether posting for enquiry of the application would meet the requirement of extending an opportunity to the petitioners to take steps for examining the commissioner and also the surveyor who prepared the report and plan to substantiate their objections. I am inclined to accept the submissions made by the learned counsel for the petitioners that posting of enquiry without a specific posting for steps, if any, would not suffice the ends of justice. So much so, P10 order cannot be sustained and it is liable to be set W.P.(C).No.21777 of 2009 - O 3 aside. But, I make it clear that the court need consider the objections raised to the commission report and plan only at trial and at that stage petitioners can be given an opportunity if they take appropriate steps for examining the advocate commissioner and also surveyor to substantiate their objections to the report and plan. After recording evidence, if the court finds that there is any infirmity in the report and plan, appropriate orders have to be passed. But, there is no need to consider the merit of the report and plan before the stage of trial. Subject to the above observation, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-