IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 5862 of 2009(O) ------------------------- OS.71/2008 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER(S): --------------- SARAMMA GEORGE, AGED 62 W/O.LATE PHILIP GEORGE, MUNDAKKAPPILLIL HOUSE, KOOTHATTUKULAM KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. BABY GEORGE, S/O.VARKEY, EDAKKATTUKUDIYIL HOUSE, KALAMBOOR KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK. 2. SUBHASH, S/O.PETER, EDAKKATTUKUDIYIL HOUSE, VARAPPETTY KARA, VARAPPETTY VILLAGE, KOTHAMANGALAM TALUK. 3. JOSE PAUL, S/O.POULOSE, EDAKKATTUKUDIYIL HOUSE, PUTHUPPADY KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. 4. MERCY, W/O.XAVIER, EDAKKATTUKUDIYIL HOUSE, PUTHUPPADY KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. 5. MATHEW, S/O.VARKEY, EDAKKATTUKUDIYIL HOUSE, KALAMBOOR KARA, ENANALLOOR VILLAGE, MUVATTUPUZHA TALUK. 6. VALSAMMA, W/O.PETER, EDAKKATTUKUDIYIL HOUSE, VARAPPETTY KARA, VARAPPETTY VILLAGE, KOTHAMANGALAM TALUK. WPC 5862/09 7. BABU PAUL, S/O.POULOSE, EDAKKATTUKUDIYIL HOUSE, PUTHUPPADY KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. 8. PRAVEEN XAVIER, S/O.XAVIER, EDAKKATTUKUDIYIL HOUSE, PUTHUPPADY KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. 9. MARY, W/O.MATHAI, PARAPPALIL HOUSE, ONAKKOOR KARA, ONAKKOOR VILLAGE, MUVATTUPUZHA TALUK. 10. SABU PAUL, S/O.POULOSE, EDAKKATTUKUDIYIL HOUSE, VARAPPETTY KARA, VARAPPETTY VILLAGE, KOTHAMANGALAM TALUK. 11. BAIJU, S/O.THANKACHAN, KUZHALANATTU HOUSE, KOOTHATTUKULAM KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK. ADV. SRI.K.K.CHANDRAN PILLAI FOR R1-6&R8-10 SRI.GIGIMON ISSAC FOR R-11 SRI.BABY THOMAS FOR R-11 SRI.A.K.JAYAPRAKASH FOR R-11 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------- W.P.(C).No.5862 of 2009 ----------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT The petitioner is the plaintiff in O.S.No.71 of 2008 on the file of the Munsiff’s Court, Muvattupuzha. The suit is for fixation of boundary of plaint A and B schedule properties. The petitioner/plaintiff applied for appointment of an Advocate Commissioner with the assistance of a surveyor. The court below allowed that prayer and Advocate P.M.Eldho was appointed as the Commissioner. The petitioner filed I.A.No.257 of 2009 to change the Commissioner and to appoint another Commissioner. In the affidavit accompanying the application, it is stated that Advocate P.M.Eldho was the junior to Advocate P.M.Thomas, that the petitioner had engaged Advocate P.M.Thomas on earlier occasions and that she had occasion to complain against Advocate P.M.Eldho and therefore, the Commissioner is always in an angry mood towards the petitioner. The court below dismissed the application holding that “the mood of the Commissioner is not a ground to remove him.” WPC No.5862/2009 2 2. Heard the learned counsel appearing for the petitioner and the respondent. I do not think that on the allegations made in the affidavit accompanying I.A.No.257 of 2009, the Commissioner appointed by the court below is liable to be changed and another Commissioner appointed. The learned counsel for the petitioner submitted that at least another senior member of the bar may be appointed as Joint Commissioner along with Advocate P.M.Eldho. The learned counsel appearing for the respondents have no objection to the suggestion. However, they submitted that the entire expenses shall be met by the petitioner. The petitioner agreed to this suggestion. Accordingly, the Writ Petition is disposed of directing the court below to appoint another experienced member of the bar, who is senior in age and experience to Sri.P.M.Eldho, as a Joint Commissioner along with Advocate P.M.Eldho. All the expenses for the same including Commissioner’s batta shall be met by the Writ Petitioner. K.T.SANKARAN, JUDGE csl