IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5469 of 2008(A) ------------------------------- (AGAINST THE ORDER IN OS 145/01 MUNSIFF'S COURT, DEVIKULAM) PETITIONER: ------------ 1. SABU, S/O. PAULOSE, AGED 40 YEARS, THELAKKATTU HOUSE, POOPARAKARA, POOPARA VILLAGE. 2. BENNY, S/O. PAULOSE, THELAKKATTU HOUSE, POOPARAKARA, POOPARA VILLAGE. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: ------------- NAGARAJAN, AGED ABOUT 45 YEARS, S/O. MARIAPPAN, NITHYA BHAVAN, POOPARAKARA, POOPARA VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5469 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Devikulam in I.A.1789/03 in O.S.145/01. This is the second time that the very same application is coming up for consideration before this Court. The subject matter of the dispute depends upon the correct appreciation of the plans and reports submitted by the Commissioner. The grievance of the present writ petitioner is to the effect that he has obtained the property under a document of title and it was at a point of time when old survey was in force. Now what the Commissioner has done is that he had measured the property on the basis of the new resurvey records. Therefore the grievance is that the case of the defendant has not been properly taken into consideration by the Commissioner and the prayer has not been allowed. W.P.C 5469 OF 2008 -:2:- 2. It is an interested question in many cases where one finds anomaly between the old survey records and the new survey records. Survey is done by the Government whereas parties possess property on the basis of documents of title. Whether the right of a party by a document can be taken away by resurvey are all matters which requires in depth consideration by the Courts of law. Now what is available before the Court is a plan and report on the basis of resurvey conducted recently. What the defendants want is preparation of a plan with respect to the title deeds, basing upon the old resurvey measurements. It is desirable that it is also made available to the Court so that the Court can consider the larger question of acceptability of these matters. Therefore I direct the Court below to remit the Commissioner's plan and report back to him and prepare a survey plan in accordance with the old survey field and if there is any document on the basis of the documents of the plaintiff and the defendants and submit a plan before the Court and it is for the Court to consider which is acceptable W.P.C 5469 OF 2008 -:3:- after permitting the parties to adduce evidence and examine various provisions of law on that accord. I hereby permit the defendant to file a work memo before the Commissioner regarding the points to be noted by him and also give further direction to the Court below to permit the plaintiff to file work memo before the Commissioner which he wants to be looked into. With this observation, the writ petition is disposed of. M.N. KRISHNAN, JUDGE. ul/-