IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12465 of 2008(H) -------------------------- AS.245/2005 of DISTRICT COURT, KOTTAYAM OS.317/1994 of MUNSIFF COURT, VAIKOM .................... PETITIONERS: ------------ 1. MOHANAN, S/O.RAGHAVAN, VALIYAPARAMBIL HOUSE, KUDAVECHOOR KARA, VECHOOR VILLAGE, VAIKOM. 2. SUBHASH, S/O.RAGHAVAN, DO. DO. 3. PONNAPPAN, S/O.RAGHAVAN, DO DO. 4. RADHAPPAN, S/O.RAGHAVAN, DO. DO. 5. BOSE, S/O.RAGHAVAN, DO. DO. 6. IJAPPAN, S/O.RAGHAVAN, DO. DO. 7. SUDHARMA, D/O.RAGHAVAN, DO. DO. 8. ROYMON, S/O.RAGHAVAN, DO. DO. BY ADV. SRI.GEORGE JOSEPH (ITTANKULANGARA) RESPONDENTS: ------------- 1. RAMDAS, S/O.KESAVAN, SALEEM SADANATHIL HOUSE, KUDAVECHOOR P.O. VECHOOR VILLAGE, VAIKOM TALUK. 2. MADHAVI @ MANKA, W/O.KESAVAN, MAPPILA VALIYA PARAMBIL, ACHINAKOM BHAGOM, KUDAVECHOOR P.O. VECHOOR VILLAGE, VAIKOM TALUK. 3. SIVARAJAN, S/O.KESAVAN, MANOJ BHAVAN, ACHINAKOM BHAGOM, KUDAVECHOOR P.O. VECHOOR VILLAGE. 4. PEETHAMBARAN, S/O.KESAVAN, SEEMA BHAVAN, ACHINAKOM BHAGOM, KUDAVECHOOR P.O., VECHOOR. 5. PONNAPPAN, S/O.KESAVAN, MAPPILA VALIYAPARAMBIL, KUDAVECHOOR P.O. VAIKOM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12465 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is preferred to challenge Ext.P8 order and to direct the Munsiff to give a direction to the Commissioner to measure the property of the petitioners and respondents with the title deeds, survey plan and boundary of the respective property comprised in Sy. No.514/17 mentioned in the commission application. The available materials produced before me would reveal that there is no survey sub-division plan with the authorities who are entitled to keep it. The matter has reached the appellate court and the appellate court had given a clear cut remand order whereby the learned Munsiff is directed to issue a fresh commission either to the same commissioner or any other commissioner assisted by a Surveyor to obtain a correct plan demarcating the plaint schedule property in the light of the observations contained in that judgment. So it is the duty of the learned Munsiff to obtain a plan in accordance with the directions contained in the appellate judgment. If such a plan and report are filed and if there is any objection to it on WPC NO 12465/08 2 the ground that it is not a correct survey plan, the parties are at liberty to file objections and to move in that direction for further directions. The writ petitioners shall also submit a work memo before the commissioner and if it is within the four corners of the order of remand, the Munsiff is directed to give directions to note that particulars also . The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 12465/08 3 WPC NO 12465/08 4