IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 32378 of 2007(D) ------------------------------------- OS.222/2007 of MUNSIFF COURT,ALUVA ............................................. PETITIONER: ----------------- REMANAN, S/O.RAMAN, AGED 53 YEARS, KUNNEAVEALILYIL, KANNIMANGALA, NADUVATTOM P.O., KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: ---------------------- 1. THE SECRETARY, ANGAMALY BLOCK PANCHAYATH, OFFICE OF THE BLOCK PANCHAYATH, ANGAMALY. 2. P.T.VELAYUDHAN MASTER (AGE AND FATHER'S NAME NOT KNOWN) PRESIDENT, ANGAMALY BLOCK PANCHAYATH, ANGAMALY. 3. THE SECRETARY, AYYAMPUZHA GRAMA PANCHAYATH, AYYAMPUZHA, KALADY. 4. KUMARY P.D.SANDHYA, (AGE AND FATHER'S NAME NOT KNOWN) WARD MEMBER, AYYAMPUZHA GRAMA PANCHAYATH, AYYAMPUZHA, KALADY. 5. SRI.K.A.JOY, (AGE AND FATHER'S NAME NOT KNOWN) WARD MEMBER, AYYAMPUZHA GRAMA PANCHAYATH, AYYAMPUZHA, KALADY. WP(C) No. 32378/2007 6. REJI, AGED ABOUT 35 YEARS, (FATHER'S NAME NOT KNOWN) KOLENCHERY HOUSE, KUZHIYAMPADAM, MANICKAMANGALAM. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 32378/2007 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE SALE DEED NO. 3025/75 EXECUTED IN FAVOUR OF THE PETITIONER. EXT.P2. COPY OF THE TAX RECEIPT DT. 15/3/2007. EXT.P3. COPY OF THE POSSESSION CERTIFICATE DT. 15/3/2007. EXT.P4. COPY OF THE SKETCH DT. 15/3/2007 ISSUED BY THE VILLAGE OFFICER AYYAMPUZHA VILLAGE IN FAVOUR OF THE PETITIONER. EXT.P5. COPY OF THE JUDGMENT IN WPC NO. 9419/2007 DT. 20/3/2007. EXT.P6. COPY OF THE PLIANT IN OS NO. 222/2007 DT. 17/5/2007. EXT.P7. COPY OF THE ORDER IN CMA NO. 36/07 OF THE DIST. COURT, N. PARAVUR DT. 23/08/2007. EXT.P8. COPY OF THE DOCUMENT ALLEGED TO HAVE BEEN EXECUTED BY THE PETIITONER DT. 12/11/2001. EXT.P9. COPY OF THE COMMISSION REPORT AS WELL AS SKETCH DT. 3/10/2007. EXT.P10. COPY OF THE PETITION NO. 2454/2007 IN OS NO. 222/2007 OF THE MUNSIFF'S COURT, ALUVA DT. 8/10/2007. EXT.P11. COPY OF THE ORDER IN IA NO. 2454/2007 IN OS NO. 222/2007 DT. 17/10/2007. RESPONDENT'S EXHIBITS : NIL. / TRUE COPY / tga M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO. 32378 OF 2007 ------------------------------------------ Dated this the 11th day of July, 2008 JUDGMENT Petitioner is the plaintiff and respondents the defendants in O.S. 222 of 2007 on the file of Munsiff Court, Aluva. At the instance of petitioner, a commission was appointed. Commissioner submitted a report and plan. Petitioner filed I.A. 2454 of 2007, an application to remit the report. Under Ext.P11 order the petition was dismissed. It is challenged in this petition filed under Article 227 of Constitution of India. 2. Argument of the learned counsel appearing for petitioner is that commissioner has not ascertained the property properly with reference to the possession and old survey number and in such circumstances learned Munsiff should have remitted the report. Under Ext.P11 order learned Munsiff found that the report of the commissioner shows that property cannot be identified with reference to the old survey number. Learned Munsiff also found that for ascertaining damages report is not to be remitted as there is no prayer for damages. In such circumstances, I do not find any illegality or irregularity in WPC32378/07 2 Ext.P7 order warranting interference in exercise of the powers of this court under Article 227 of Constitution of India. Petitioner is entitled to adduce evidence in support of the objection raised and the case that he is in possession of more extent of land than what is shown in Ext.P9 report. Petitioner is also entitled to challenge the order along with the final judgment, if the judgment goes against him. Writ petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-