IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 31013 of 2009(O) --------------------------------- AGAINST THE ORDER DATED 06.10.2009 IN IA 2431/09 IN OS.122/2009 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONERS: ----------------- 1. T.P.RAJAN NAIR, S/O.LATE T.G.PARAMESWARAN NAIR, THEKKANATTU HOUSE, THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM. 2. K.M.THANKAMMA, W/O.LATE T.G.PARAMESWARAN NAIR, THEKKANATTU HOUSE, THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM. BY ADV. SRI.C.DILIP RESPONDENTS: ------------------ 1. NELLIKUZHY GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, NELLIKUZHY GRAMA PANCHAYATH OFFICE, NELLIKUZHY, KOTHAMANGALAM. 2. SAJI SOUPARNIKA, PANCHAYATH MEMBER, S/O.CHELLAPPAN NAIR, 'SOUPARNIKA', THRIKKARIYOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM. 3. SANTHA SUKUMARAN, W/O.SUKUMARAN, CDS PERSON, KOCHERI HOUSE, THRIKKARYOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM. ADV. SRI.N.N.ELAYATH FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31013 of 2009(O) APPENDIX PETITIONERS EXHIBITS : EXHIBIT P1 : TRUE COPY OF THE PLAINT DATED 20.01.2009 IN O.S.122/2009 ON THE FILE OF THE MUNSIFF'S COURT, MUVATTUPUZHA. EXHIBIT P2 : TRUE COPY OF WRITTEN STATEMENT DATED 05.05.2009 IN O.S.NO. 122/2009 ON THE FILE OF MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P3 : TRUE COPY OF REPORT AND ROUGH SKETCH DATED NIL FILED BY THE ADVOCATE COMMISSIONER. EXHIBIT P4 : TRUE COPY OF IA NO.2431/2009 DATED 10.09.2009. EXHIBIT P5 : TRUE COPY OF COUNTER DATED 24.09.2009 FILED BY THE PETITIONERS IN I.A.NO. 2431/2009. EXHIBIT P6 : TRUE COPY OF ORDER DATED 06.10.2009 IN IA.NO. 2431/2009 IN O.S.NO. 122/2009 ON THE FILE OF MUNSIFF COURT, MUVATTUPUZHA RESPONDENTS EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE. HARUN-UL-RASHID, J. ------------------------------------- WP(C) NO. 31013 of 2009 ------------------------------------- Dated this the 15th day of September, 2010 JUDGMENT The Writ petitioners are the plaintiffs in O.S No.122 of 2009 on the file of the Munsiff's Court, Muvattupuzha. The respondents are the defendants in the suit. This suit was filed for permanent prohibitory injunction. The Writ Petition is filed under Article 227 of the Constitution of India for setting aside Ext.P6 order of the Munsiff's Court. 2. I.A No. 2431/2009 is a petition filed by the defendants in the suit for issuance of a commission for measuring the plaint schedule property and the property adjacent to the plaint schedule property. In the affidavit filed in support of the I.A.No. 2431/2009, it is stated that there is very old thodu is on the eastern, southern and northern side of the plaint schedule property and there is thodu puramboke on the eastern side of the plaint schedule property. It is also stated that the suit was filed by wrongly including a portion of the puramboke on the eastern side of the plaint schedule property. The grievance of the petitioners in the I.A is that for a proper determination of the WP(C) NO. 31013 of 2009 2 dispute between the parties, the plaint schedule property and the adjoining property are to be measured as per survey records and on the basis of the documents relied on by the plaintiffs. 3. The prayer in the I.A was opposed by the plaintiffs. They contended that the suit is for injunction simplicitor, the question is as to whether the plaintiffs' possession over the plaint schedule property is proved. The measurement of the plaint schedule property and the adjoining property on the basis of the survey records is quite unnecessary and therefore, the prayer in the I.A is not allowable. 4. After considering the contentions of both sides, the court allowed the petition and the court found that defendants have a case that plaintiffs included the puramboke land within the plaint schedule property. In such circumstance, the puramboke land lying adjacent to the property can be ascertained only by a survey measurement. The court found that for the proper adjudication of the dispute between the parties, the prayer for issuance of a commission for measurement of the property and the adjoining puramboke land is necessary. I do not find any WP(C) NO. 31013 of 2009 3 valid ground to interfere with Ext.P6 order passed by the Munsiff's Court, in exercise of jurisdiction under Article 227 of the constitution of India. The Writ Petition stands dismissed. HARUN-UL-RASHID, JUDGE ln