IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 2745 of 2009(B) ------------------------- OS.261/2007 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER(S): --------------- 1. CHANDRAN, S/O.APPUTTI, CHAKKATTA THAZHAM VEEDU, KATTOOLI AMSAM DESOM,KOZHIKODE BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- 1. JAYARAJAN, S/O.CHEKKUTTY, KANANGOTTU, CHAKKATTATHAZHAM VEEDU, KOTTOOLI AMSAMDESAM, KOZHIKODE. 2. MOHANAN, S/O.CHEKKUTTY, KANANGOTTU CHAKKATTATHAZHAM VEEDU, KOTTOOLI AMSOMDESOM, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.2745 OF 2009 (B) ----------------------------------- Dated this the 6th October, 2009 J U D G M E N T The Writ Petition is filed seeking the following reliefs: 1. To call for the records in Ext.P2, P2a and P4 on the file of the Principal Munsiff-II, Kozhikode and quash the same. 2. To stay all further proceedings in O.S.No.261/2007 on the file of the principal Munsiff-II, Kozhikode. 2. Petitioner is the plaintiff in O.S.No.261 of 2007 on the file of the Principal Munsiff Court-II, Kozhikode. Suit is one for recovery of possession on the basis of title and for other reliefs. The defendants resisted the suit claim by filing a written statement. An advocate commissioner appointed by the court conducted local inspection and measured out the suit property with the assistance of a surveyor and prepared a report and plan. It is submitted both sides filed objections to the report and plan. The commissioner was also examined in WPC.2745/09 2 the enquiry conducted over such objections. The learned Munsiff, after hearing both sides and considering the materials produced, negatived the objections raised and declined the request for remitting the report and plan. P4 is the copy of that 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. 3. I heard the learned counsel. The challenge raised in the Writ Petition is against P4 order passed by the court below with respect to the merit of a commission report and plan prepared and filed in a suit which await adjudication by the court. Needless to point out, the report and plan submitted by the commissioner are only pieces of evidence in a suit and this court in its visitorial jurisdiction is not expected to examine the merit of such report and plan. It is submitted the case is already included in the list for trial. The grievance canvassed by the counsel for the petitioner is that measurement of the property was carried out and the plan prepared not with reference to the field measurement book, and the court below WPC.2745/09 3 has discarded that objection on the basis of the evidence of the commissioner. In the given facts of the case, I find an opportunity has to be extended to the petitioner to examine the surveyor who assisted the commissioner to substantiate the objections raised to the report and plan. If any such step is taken by the petitioner to examine the surveyor at the stage of trial, the court below shall extend an opportunity to the petitioner to examine the surveyor. The merit of the report and plan, if after the examination of the surveyor with reference to the evidence of the commissioner already recorded, shall be decided by the court afresh untrammelled by any of the observations made in P4 order. I make it clear that such an enquiry need be proceeded only if steps are taken by the petitioner for examining the surveyor in trial of the case. Subject to the above observations, the Writ Petition is disposed. S.S.SATHEESACHANDRAN JUDGE srd S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009