IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 OP.No. 7558 of 2003(Y) ---------------------- PETITIONERS: ------------ 1. MUTHUVALLUR VIKASANA SAMITHI, REPRESENTED BY ITS PRESIDENT ANAKACHERI MUHAMMED, NELLIKATHODI HOUSE, POST MUTHUVALLUR, (VIA) KONDOTTI, MALAPPURAM DISTRICT. 2. MUTHUVALLUR VIKASANA SAMITHI, REPRESENTED BY ITS SECRETARY MULLAMMADAKKAL MOHAMMED HAJI, S/O.MOIDEEN, MELEPARASSERI HOUSE, POST MUTHUVALLUR, (VIA) KONDOTTI, MALAPPURAM DISTRICT. BY ADV. SMT.PREETHY KARUNAKARAN SRI.R.RAJESH KORMATH SRI.A.G.AUGUSTINE SMT.BIJIMOL JOSE RESPONDENTS: ------------- 1. ALL HARIJAN KANAKKAN MEMBERS OF MUTHUVALLUR DESOM, REPRESENTED BY PULIYANGODAN KARIKUTTY, POST MUTHUVALLUR, (VIA) KONDOTTI, MALAPPURAM DISTRICT. 2. PULIYANGODAN KANNANKUTTY, POST MUTHUVALLUR, (VIA) KONDOTTI, MALAPPURAM DISTRICT. 3. KUMMINIVARIL KOTTAN, POST MUTHUVALLUR, (VIA) KONDOTTI, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.7558/2003 ORDER ON C.M.P.No.13258/2003 IN O.P.No.7558/2003 DISMISSED 04.04.2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXTS: EXT.P1: COPY OF THE ORDER DT.27.2.2002 IN I.A.NO.726/1999 IN O.S.NO.403/1994, COURT OF THE SUBORDINATE JUDGE OF MANJERI. //TRUE COPY// PA TO JUDGE KURIAN JOSEPH, J. --------------------------------------- O.P. No. 7558 OF 2003 --------------------------------------- Dated this the 4th day of April, 2008. J U D G M E N T The writ petition is filed with the following prayer: A) Set aside the order dated 27th July, 2002 in I.A.No.726/1999 in O.S.No.403 of 1994 on the file of the Subordinate Judge of Manjeri and allow the said application. The grievance is on Ext.P1 order passed by the Sub Court, Manjeri in I.A.No.726/1999 in O.S.403/1994 whereby the application for remitting Commissioner's plan and report was dismissed. The main contention of the petitioner is that unless the plaint schedule property is properly identified, the dispute raised in the suit cannot be resolved. It is submitted that there are nine items in the plaint schedule property. The Advocate Commissioner had not plotted out those items in the plan submitted by him. The Commissioner also has not plotted out the portion of the plaint schedule property trespassed upon by the defendant. In the nature of the dispute raised in the original suit, unless the Advocate Commissioner is specifically directed to plot out the nine plots and also mark the portions trespassed by O.P.No.7558/2003 2 the defendant, effective resolution of the dispute cannot be made. Accordingly, Ext.P1 is set aside. There will be a direction to the Sub Court, Manjeri to pass fresh orders in the I.A. in the light of the observations made by the Court, directing the Commissioner to plot out the nine plots and also with a further direction to mark the trespassed portion. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps O.P.No.7558/2003 2 KURIAN JOSEPH, J. O.P. No.7558 OF 2003 J U D G M E N T O.P.No.7558/2003 2 04.04.2008