IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27221 of 2009(O) --------------------------------------- OS.197/2007 of PRL.MUNSIFF COURT, KANNUR .................... PETITIONER(S): ---------------------- THENAYI BALAKRISHNAN, AGED 70 YEARS,S/O.PANCHALI,AZHIKODE NORTH, NEAR OLD AGED HOME,ONDEN ROAD,AZHIKODE AMSOM, AZHIKODE DESOM,P.O.AZHIKODE,KANNUR DISTRICT. BY ADV. MR.P.U.SHAILAJAN RESPONDENT(S): ------------------------- 1. ATTILAKKANDY SAROJINI, AGED ABOUT 51 YEARS,W/O.HARIDASAN, MINIKKI HOUSE,AZHIKODE NORTH, NEAR OLD AGED HOME,ONDEN ROAD, AZHIKODE AMSOM,DESOM,P.O.AZHIKODE, KANNUR DISTRICT. 2. PRASEETHA ASHOKAN, AGED ABOUT 37 YEARS,PALLIKKANDY HOUSE, NEAR MARGIN FREE SHOP,PANNENPARA ROAD, AMBALA ROAD BUS STOP,P.O.CHALAD,KANNUR-4. 3. C.NARAYANAN, AGED ABOUT 69 YEARS,PULLAN VALAPPIL HOUSE, NEAR IRINAVU U.P.SCHOOL,IRINAVU P.O., VIA.CHERUKUNNU. 4. K.HARIDASAN, AGED 67 YEARS,MINIKKI HOUSE,ONDEN ROAD, CHAL,P.O.AZHIKODE NORTH,KANNUR-9. 5. N.PRADEEPAN, AGED ABOUT 39 YEARS,S/O.SREEDHARAN, 'SREEMATHI RANG',NEAR LIGHT HOUSE, P.O.AZHIKKAL,KANNUR-9. W.P.(C) NO.27221/2009 6. SREEDHARAN, AGED ABOUT 69 YEARS,'SREEMATHI RANG', NEAR LIGHT HOUSE,P.O.AZHIKKAL,KANNUR-9. 7. NARAYANI M., AGED 70 YEARS,MUNDACHALI HOUSE, UPPACHAL,NEAR SANTHI MADAM, P.O.AZHIKODE,KANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.27221 OF 2009 -------------------------- Dated this the 29th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) A writ of mandamus or other appropriate writ or order and call for the records leading to Ext.P7 from the Principal Munsiff Court, Kannur. ii) A writ of certiorari or other appropriate writ or order and quash the original of Ext.P7 order. iii) A writ of mandamus or other appropriate writ or direction and allow I.A No.1253/2009 in O.S No.197/2007, pending before the Principal Munsiff Court, Kannur. iv) To issue such other writs, orders or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. W.P.(C).No.27221 OF 2009 Page numbers 2. Petitioner is the plaintiff in O.S No.197 of 2007 on the file of the Munsiff Court, Kannur. Suit is one for injunction, and the respondent is the defendant. Resisting the suit claim, defendant filed a written statement in which he had raised a counter claim for fixation of boundary and for injunction. On the application moved by the defendant, an advocate commissioner appointed by the court conducted a local inspection, measured out the properties and filed a report and plan with the assistance of a surveyor. Petitioner/plaintiff filed objections to that report seeking its remission and fresh measurement through another surveyor. The learned Munsiff after hearing both sides was not satisfied with the objections canvassed by the petitioner, with the result the request for remission was turned out vide Ext.P7 order. Propriety and correctness of that order is challenged in the writ petition W.P.(C).No.27221 OF 2009 Page numbers invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. The learned counsel for the petitioner at the time of hearing confined his submissions seeking for issue of an order/direction to the court below to consider the objections canvassed by the plaintiff at the time of trial and provide him an opportunity to examine the advocate commissioner and also the surveyor to substantiate his objections to the report and plan. It is submitted, the case has already been included in the special list for trial. Taking note of the submissions made by the counsel with reference to the facts and circumstances involved, I find the petitioner has to be extended an opportunity to W.P.(C).No.27221 OF 2009 Page numbers examine the commissioner and also the surveyor to substantiate his objections to the report and plan. The learned counsel for the petitioner submits that before passing Ext.P7 order, no opportunity was provided to petitioner/plaintiff to take steps for examining the commissioner and also the surveyor. Whatever that be, I direct the court below to extend an opportunity to the petitioner to examine the commissioner and also the surveyor to substantiate his objections to the report and plan at the trial, and, if steps are taken so, consider the merit of the report and plan afresh irrespective of the observations and findings made in Ext.P7 order imputed in the writ petition. Subject to the above directions, the writ petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv