IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 16788 of 2009(O) -------------------------- AGAINST THE ORDER DATED / / IN IA 1503/06 IN OS.57/2000 of MUNSIFF COURT, PUNALUR .................... PETITIONER(S): --------------- JAYADEVAN,S/O.NARAYANAN,JAYAVILASOM VEEDU,KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.S.MOHANAN SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- 1. VISWAMBHARAN,S/O. GANGADHARAN, SHEEJA- BHAVAN, KALANNOOR MURI,EZHUKONE VILLAGE, KOTTARAKKARA TALUK.EZHUKONE P.O. PIN:691505. 2. KAMALASANAN,S/O.NARAYANAN,HARSHA NIVAS, KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK,EZHUKONE P.O. PIN:691505 3. KAMALADHARAN,S/O.KUNJUKRISHNAN VAROORVILAYIL LAL BHAVAN, KOLANNOOR MURI, EZHUKONE VILLAGE KOTTARAKKARA TALUKL EZHUKONE P.O. PIN : 691505 4. SOOSAMMA W/O. GEORGE, LIBI NIVAS, KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK, EZHUKONE (P.O.) PIN : 691505 5. CHANDRAN, CHANDRALAYAM VEEDU, KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK, EZHUKONE P.O. PIN:691505 6. CHELLAPPAN,S/O.NARAYANAN, PALAVILA VEEDU KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK, EZHUKONE P.O. PIN : 691505 7. SUSEELA, D/O. JANAKI, SHEEJA BHAVAN, KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKA TALUK, EZHUKONE P.O. PIN:691505. 8. THULASEBHAI,W/O.KAMALADHARAN, VAROORVILAYIL LAL BHAVAN, KOLANNOOR MURI, EZHUKONE VILLAGE, KOTTARAKKARA TALUK, EZHUKONE P.O. PIN:691505. 9. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 10. DISTRICT SURVEY SUPERINTENDENT OFFICE OF THE SURVEY SUPERINTENDENT, KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------------- W.P(C).No.16788 of 2009 ----------------------------------------- Dated this the 17th June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution seeking the following reliefs: “i. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P6 and quash the same as illegal and unsustainable. ii. To direct the Munsiff's Court, Punalur to take evidence and dispose of Exhibit P5 application, I.A.No.1503/2006 in O.S.57/2000 before starting evidence in the suit. iii. To grant such other reliefs.” 2. The petitioner is the plaintiff in O.S.No.57/2000, on the file of the Munsiff's Court, Punalur and the respondents are the defendants in that suit. The grievance canvassed by the petitioner is that there are patent mistakes in the report and plan submitted by the Commissioner and his request for considering the objections over the report, as a preliminary WP(C)16788./09 2 issue, has been turned down by the learned Munsiff, ordering that such objections will be considered in the trial of the suit. Exhibit P6 is the copy of the order passed by the learned Munsiff. The learned counsel for the petitioner submits that if a chance is given to point out the mistakes in the commission report by examining the Commissioner at this stage, it can be rectified. I do not find any merit in the submission. Necessarily and inevitably the validity of the report and plan submitted by the Commissioner has to be scrutinised by the court to grant the relief claimed by the petitioner/plaintiff in the suit. No plaintiff can insist that the objections or report and plan be considered as a preliminary issue before proceeding with the trial of the suit. That will only prolong the litigation and give rise to orders leading to collateral proceedings, on the basis of such orders. 3. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no impropriety or illegality in Exhibit P6 order passed by the WP(C)16788./09 3 learned Munsiff. Objections to the commission report and its relevancy can be considered at the time of trial of the case. The Writ Petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE vgs.