IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 89 of 2008(I) ----------------------- OS.163/2006 of PRL.MUNSIFF, KASARAGOD .................... PETITIONER: -------------------- DINESH KUMAR, S/O. KANNAN NAIR, RESIDING AT PULIKUNNU IN THALANGARE VILLAGE, KASARAGOD TALUK, P.O. KASARAGOD. BY ADV. SRI.K.G.GOURI SANKAR RAI RESPONDENT: ---------------------- DR. JOY JOSEPH, S/O. A.M. JOSEPH, RESIDING AT KALICHIYANNADUKKAM, THAYANNUR VILLAGE, HOSDURG TALUK, P.O. KANHANGAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 89 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Kasaragod in I.A.1841/07 in O.S.163/06. The said application is one for remitting the Commissioner's plan and report. The Court below found that the Commissioner has reported that the measurement in the field measurement book is incorrect as informed by the surveyor and accepted the Commissioner's plan and report and dismissed the application for remitting the plan and report. The question whether there is any mistake in the field measurement book or not is a matter that has to be decided by the Court after permitting the parties to adduce evidence and also by examining the necessary officials in that regard. In order to have a proper determination of the case it is desirable that the Commissioner again visit the property prepare another plan in accordance with the field measurement book and W.P.C 89 OF 2008 -:2:- title deeds of the parties and submit it before the Court. So, there will be two plan and report available before the Court, one in accordance with the field measurement book and the other in accordance with the statement filed by the Commissioner that the field measurement book is wrong. Thereafter the Court can permit the parties to adduce evidence to find out which is the correct one and dispose of the matter in accordance with law. Therefore, I set aside the order passed by the Court below and direct the Court to remit the Commission back with a direction to the Commissioner to measure the property on the basis of the field measurement book and the documents of title and submit a plan. Thereafter the Court can consider the correctness of the plans which is available before Court and after adducing evidence can dispose of the matter in W.P.C 89 OF 2008 -:3:- accordance with law. Needless to say the expenses for the same initially has to be met by the writ petitioner before me. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-