IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7497 of 2008(P) ------------------------- AGAINST THE ORDER IN IA 187/2007 IN OS.105/2005 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER: ------------ VARKEY, S/O. KURIAKOSE, PALLACHERY HOUSE, IRINGOLE KARA, PRUMBAVOOR VILLAGE. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: ----------------- 1. GOPALAKRISHNAN NAIR, S/O. VELAPPAN NAIR, MATTATIL HOUSE, IRINGOLE KARA, PERUMBAVOOR VILLAGE. 2. ANIL, S/O. GOPALAKRISHNAN NAIR -DO--DO-. 3. ST. THOMAS EDUCATIONAL AND CHARITABLE TRUST REP. BY ITS MANAGING TRUSTEE, FR.JOHN PUTHOORAN, S/O.JACOB, PUTHURAN HOUSE, KADATHY KARA, VELLOORKUNNAM VILLAGE,MUVATTUPUZHA TALUK. 4. SREELEKHA, D/O. KUNJIYAMMA, MATTATHIL HOUSE, IRINGOLE KARA,PERUMBAVOOR VILLAGE BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7497 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Perumbavoor in I.A.3226/07 in O.S.105/05. The question is with respect to easement right over 'E' schedule Thodu. When the Commissioner inspected the property initially it is submitted that he was able to see a Thodu but when he inspected the property on 21.9.07 he was not able to see the same. 2. Now, what the petitioner wants is to demarcate the Thodu in accordance with the survey. It has to be stated that the alignment of the Thodu as shown by the plaintiff is demarcated by the Commissioner, according to the lower Court. If the plaintiff is able to prove the existence of a thodu and that it has been tampered with thereafter then naturally the alignment of the Thodu will be as pointed out by the Commissioner before the Court below. So it is a W.P.C 7497 OF 2008 -:2:- matter of evidence and if at any stage the Court feels that a fresh specific demarcation is necessary it is possible only after adducing evidence. The Court may for a proper disposal of the case at that stage feels it necessary, may direct the Commissioner to submit a report which if it wants. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-