IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 32638 of 2007(I) ------------------------------------- AGAINST THE ORDER DATED 30/06/2007 IN IA 430/2007 IN OS.449/2004 OF MUNSIFF COURT, OTTAPPALAM .............................................. PETITIONER: ----------------- BALACHANDRAN, AGED 57, S/O KALATHIL VISALAKSHI AMMA, RESIDING AT NANDANAM, ADAKKAPUTHUR POST, MANGOTT, VIA.CHERPLACHERRY, OTTAPALAM. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ---------------------- DEVAKI AMMA, D/O AREEKARA SREEDEVI AMMA, AREEKARA HOUSE, ALANGAD POST, VIA. KADAMBAZHIPURAM, OTTAPALAM. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 32638/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE PLIANT DT. 15/12/2004 IN OS NO. 449/2004 FILED BY THE RESPONDENT HEREIN BEFORE THE MUNSIFF COURT, OTTAPALAM. EXT.P2. COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS AND DATED 21/5/2005 IN OS NO. 449/04 BEFORE THE MUNSIFF COURT, OTTAPALAM. EXT.P3. COPY OF THE SKETCH AND REPORT FILED BY THE COMMISSIONER AND DATED 3/1/2005 IN OS NO. 449/2004 BEFORE THE MUNSIFF COURT, OTTAPALAM. EXT.P4. COPY OF THE REPORT AND PLAN FILED BY THE COMMISIONER AND DT. 6/7/06 IN IA NO. 1135/2006 IN OS NO. 449/04 BEFORE THE MUNSIFF COURT, OTTAPALAM. EXT.P5. COPY OF THE AFFIDAVIT IN SUPPORT OF THE APPLICATION TO AMEND THE PLAINT DT. 15/12/2006 IN OS NO. 449/2004 BEFORE THE MUNSIFF COURT, OTTAPALAM. EXT.P6. COPY OF THE ADDITIONAL WRITTEN STATEMENT DT. 12/2/2007 IN OS NO. 449/2004 BEFORE THE MUNSIFF COURT, OTTAPALAM. EXT.P7. COPY OF THE AFFIDAVIT DT. 20/2/2007 IN SUPPORT OF THE APPLICATION FOR REMITTANCE OF THE COMMISSIONER'S REPORT AND PLAN. EXT.P8. COPY OF THE OBJECTION DT. 8/3/07 IN IA NO. 430/2007 IN OS NO. 449/2004 BEFORE THE MUNSIFF COURT, OTTAPALAM. EXT.P9. COPY OF THE ORDER DT. 30/6/07 IN IA NO. 430/2007 IN OS NO. 449/2004 PASSED BY THE MUNSIFF COURT, OTTAPALAM. EXT.P10. COPY OF THE REPORT AND PLAN OF THE COMMISSIONER IN OS NO. 449/2004 AND DT. 13/11/2006 OF THE MUNSIFF COURT, OTTAPALAM. RESPONDENT'S EXHIBITS NIL. True copy tga M.N.KRISHNAN, J ===================== W.P.(C)No.32638 OF 2007 ===================== Dated this the 8th day of January 2008 JUDGMENT This writ petition is preferred challenging the order of the Munsiff's Court, Ottappalam in I.A.No.430 of 2007 in O.S.No.449 of 2004. It is an application for remitting the Commissioner's plan and report. The prayer in the petition is to direct the Commissioner to measure the property with the assistance of a District Survey Superintendent. The court below found that no materials are supplied to show that the plan prepared by the Commissioner with the help of the Taluk Surveyor is incorrect. Therefore, I confirm the order of the court below. But, I make it very clear that the present petitioner will be permitted to adduce evidence in support of his contention against the Commissioner's plan and report and when the court is convinced that the Commissioner's plan and report are not helpful for a proper decision and as a proper plan is necessary for resolving the controversy between the parties, the court at that stage, may either remit the Commissioner's plan and report or issue a fresh Commission as the WP(C)32638/2007 -:2:- case may be, which is necessary for the disposal of the case. With the above observation, the writ petition is disposed of. M.N.KRISHNAN, JUDGE Cdp/-