IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 4551 of 2008(P) ------------------------- OS.600/2002 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER: ------------ SULAIMAN MASTER, S/O.ABDULLA, AGED 55 YEARS, KOOVERY AMSOM, CHAPPARAPADAVU DESOM, CHAPPARAPADAVU P.O., KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT: ------------- MUBEENA, D/O.ATHEEKA, AGED 25 YEARS, KOOVERY AMSOM, CHAPPARAPADAVU DESOM, P.O.CHAPPARAPADAVU, (NOW RESIDING AT MUSCUT), REPRESENTED BY HER MOTHER ATHEEKA.K., W/O.IBRAHIM C.K., KOOVERY AMSOM CHAPPARAPADAVU DESOM, CHAPPARAPADAVU P.O.,KANNUR(D THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4551 OF 2008 --------------------- Dated this the 7thday of February, 2008 JUDGMENT This writ petition is filed with a prayer to set aside the order of the Munsiff Court, Thaliparamba, in IA 261/08 in OS 600/02. It was an application for remittance of the Commissioner's plan and report on the ground that the report of the Commissioner is not clear and he has not properly demarcated the boundaries and noted the remittance etc. The court below also found that the materials are not sufficient and further that the suit is in the list. It also held that the report and plan were submitted only on 6.8.04. 2. Whatever it may be, it is seen that the application is filed at least in 2006 and the court is expected to include the suit in the list only after the disposal of the application for remittance. Now it is disposed of. I do not want to interfere with the order passed by the learned Munsiff now. But, I permit the petitioner herein to adduce evidence in support of his objections including examination of the Commissioner as his witness or a court witness and also other witnesses and if materials supplied are sufficient at the stage of evidence to show that the report is incomplete or incorrect certainly, the court shall remit the matter or give further direction to the Commissioner, as the case may be, and then dispose of the matter in accordance with law. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps