IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25595 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 7613/2008 IN OS.1611/2004 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER(S): --------------- HAJIRA, AGED 65 YEARS, W/O. PONNAMPADICKAL IBRAHIM, SREE NARAYANAPURAM VILLAGE PANANGADU DESOM, KODUNGALLUR TALUK. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW RESPONDENT(S): --------------- HAMSA, S/O.THALIKKULAM VEETTIL MUHAMMED AGED 50 YEARS, CHERPU VILLAGE, INCHAMUDI DESOM, THRISSUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.25595 of 2009 - O --------------------------------- Dated this the 15th day of September, 2009 J U D G M E N T Writ petition is filed seeking the following reliefs: “i) To call for the records which lead to the issuance of Ext.P6 and to issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the same. ii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Principal Munsiff, Thrissur to accept Ext.P4 report and sketch. iii) To issue an order staying all further proceedings on Ext.P1 suit during the pendency of this writ petition.” 2. Petitioner is the plaintiff in O.S.No.1611 of 2004 on the file of the Munsiff Court, Thrissur. Suit is one for fixation of boundary and for injunction and the respondent is the defendant. A commissioner appointed by the court after conducting local inspection measured out the property, filed a report and plan with the assistance of a surveyor. The report and plan were objected to by the defendant. In the enquiry over the merit of W.P.(C).No.25595 of 2009 - O 2 the report and plan, learned Munsiff came to the conclusion that the report and plan are liable to be set aside. Setting aside the report and plan the learned Munsiff directed for measuring out the property with reference to title deed and old survey records. Ext.P6 is the copy of that order. Propriety and correctness of that order is challenged by the petitioner/plaintiff in this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel for the petitioner. 4. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary and it is dispensed with. 5. Petitioner has filed the suit for fixation of boundary and also for injunction on the basis of the resurvey plan which has become final, and so much so, there is no need for measuring his property with reference to the title deed and old survey records, is the submission of the learned counsel. It is the further submission of the learned counsel that under the provisions of the Kerala Survey and Boundaries Act, any person who is aggrieved by the resurvey can file a suit within one year W.P.(C).No.25595 of 2009 - O 3 from the date on which such resurvey became final under Section 14 of that Act. The respondent has not filed any such suit and so much so, according to the counsel what is required is only measurement of the suit property with reference to resurvey plan which has become final. I do not find any merit in the submission of the learned counsel. The plaintiff has applied for fixation of the boundaries of his property which is scheduled in the plaint. That is resisted by the defendant by raising various contentions even challenging the description of the property. Plaintiff cannot contend that his property for fixation of its boundaries can be measured only with respect to resurvey plan. Even title of the property may be a relevant matter arising for adjudication before the court for proper consideration of the disputes involved in the suit. I do not find any impropriety or illegality in Ext.P6 order passed by the learned Munsiff. Writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-