IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 28171 of 2008(D) -------------------------- AGAINST THE ORDER DATED 01/09/2008 IN IA 2111/2008 IN OS.294/2006 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER(S): --------------- LONACHAN, AGED 64 YEARS, S/O MTHU, THOTTUNGAL HOUSE, PAZHANGANADU KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.RAJAGOPAL SRI.THOMAS M.JACOB RESPONDENT(S): --------------- 1. PAPPACHAN, AGED ABOUT 72 YEARS, S/O VARKEY, THEKKANATHU HOUSE, PAZHANGANADU KARA, KIZHAKKAMBALAM VILLAGE. 2. BOJI, AGED ABOUT 37 YEARS, S/O PAPPACHAN, THEKKANATHU HOUSE, PAZHANGANADU KARA, KIZHAKKAMBALAM VILLAGE. 3. JOJAN, AGED ABOUT 32 YEARS, S/O PAPPACHAN,THEKKANATHU HOUSE, PAZHANGANADU KARA, KIZHAKKAMBALAM VILLAGE. ADV. SRI.P.N.RAMAKRISHNAN NAIR FOR R1-3 SRI.P.VISWANATHAN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.28171/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.294 OF 2006 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P2: COPY OF THE WRITTEN STATEMENT IN O.S.NO.294 OF 2006 ON THE FILE OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P3: COPY OF THE COMMISSIONER REPORT FILED IN I.A.NO.2110 OF 2006 IN O.S.NO.294 OF 2006 ON THE FILES OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P4: COPY OF THE SURVEY SKETCH IN O.S.NO.294 OF 2006 ON THE FILES OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P5: COPY OF APPLICATION I.A.NO.2111 OF 2008 IN O.S.NO.294 OF 2006 ON THE FILES OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P6: COPY OF THE OBJECTIONS I.A.NO.2111 OF 2008 IN O.S.NO.294 OF 2006 ON THE FILES OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. EXT.P7: COPY OF ORDER DATED 01/09/2008 IN I.A.NO.2111 OF 2008 IN O.S.NO.294 OF 2006 ON THE FILES OF THE HONOURABLE MUNSIFF'S COURT, PERUMBAVOOR. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.28171 OF 2008 () ----------------------------------- Dated this the 17th day of November, 2009 J U D G M E N T Petitioner is the plaintiff in O.S.No.294 of 2006 on the file of the Munsiff Court, Perumbavoor. Suit is for declaration of title and injunction, and the respondents are the defendants. In the suit, petitioner/plaintiff moved an application seeking the issue of a clarification that the pendency of the suit will not be a bar for the survey authorities to rectify the mistakes, if any, in the survey records. The court below declined to issue such a clarification vide Ext.P7 order. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. I do not find any WPC.28171/08 2 impropriety or illegality in Ext.P7 order passed by the court below declining to issue a clarification as requested for by the petitioner/plaintiff. The court is concerned only with the adjudication of the disputes raised in the suit and it is incompetent to issue any direction to any authority, leave alone to the survey authorities, as to how they should proceed with the matters under their jurisdiction. The writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp