IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 29361 of 2009(O) -------------------------- OS.19/2007 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER: --------------- INLAND WATERWAYS AUTHORITY OF INDIA, REPRESENTED BY THE DIRECTOR, HOUSE NO.1/631/A, MARADU P.O., KANNADIKADU, BEHIND NAIR'S HOSPITAL, KOCHI-682 304. BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENTS: --------------- 1. PADMAJA P.CHANDRAN, STEELEX HOUSE, NALUMUK, PETTAH, THIRUVANANTHAPURAM, PIN-695 024. 2. AYSHA NADESAN, KRISHNA VILASOM, KURISUMMUD P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. 3. LEKHS SUBHASH CHANDRAN, PADMAVILAS, MAHADEVIKADU P.O., KARTHIKAPPALLY. 4. M.V.JAYASREE, KARISSERRIL HOUSE, KIDANGOOR P.O., PATHANAMTHITTA DISTRICT. 5. B.JAYA RAJU, KOTTOOR HOUSE, NANGIARKULANGARA P.O., MUTTOM, ALAPPUZHA DISTRICT. 6. B.MOHANA RAJ, PADMA VILAS, MAHADEVIKADU P.O., KARTHIKAPPALLY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29361 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 19th October, 2009 JUDGMENT The Writ Petition is filed seeking the following relief: “To call for all the records leading to Exhibit P1 suit and issue a writ of mandamus or any other writ or order or direction directing the Munsiff Court, Alappuzha to consider and pass appropriate orders on Exhibit P7 application and grant sufficient time to the petitioner for production of documents, before the commencement of trial, for the interests of justice.” 2. Petitioner is the defendant in O.S.No.19 of 2007 on the file of the Munsiff Court, Alappuzha. Suit is for injunction, both prohibitory and mandatory, and the respondents are the plaintiffs. At the instance of the petitioner as the requisitioning authority, various extents of land were acquired in Mullakkal Village of Alappuzha District for widening of water ways. Alleging encroachment over their registered holding much beyond the requisition made, the predecessor of the present respondents laid the suit for the reliefs of injunction, both mandatory and prohibitory. During the pendency of the suit, the original plaintiff passed away and the legal heirs, the W.P.C.No. 29361/09 - 2 - respondents, were brought in as additional plaintiffs. A commission was taken out by the plaintiffs for determination of the points arising for adjudication. The Advocate Commissioner, after conducting local inspection with the assistance of a surveyor, prepared a report and plan, to which the petitioner/defendant raised objections. Without considering the objections canvassed against the report and plan, the case has now been included in the special list is the grievance of the petitioner/defendant seeking the aforementioned reliefs 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 the facts and circumstances presented with reference to the exhibits tendered, I find no notice to the respondents is necessary, and it is dispensed. Learned counsel for the petitioner submits that the case has been included in the special list for trial tomorrow. P7 application, raising objections to the commission report and plan and seeking for setting aside the report, is seen filed only on 1st October, 2009. But, taking notice that the defendant is a concern of the Central Government and as such processing through various agencies at different levels may be W.P.C.No. 29361/09 - 3 - required, I am inclined to extend some indulgence despite the fact that there was some delay on its part in raising objections to the commission report and plan. I direct the court below to provide an opportunity to the petitioner/defendant to substantiate his objection to the report and plan, in case steps are being taken within three days from today for examination of the Commissioner and also the Surveyor who assisted him in preparing the plan. Needless to point out, if steps are taken and the Commissioner and the Surveyor are examined, the court below shall pass appropriate orders on the acceptability of the report and plan, and in case, for any reason, it is found not acceptable, the court below will pass orders for setting aside or remitting the plan prepared providing an opportunity to the plaintiff to collect fresh report and plan. I make it clear trial as scheduled has to commence and the opportunity granted to the petitioner/defendant under the present judgment to examine the Commissioner subject to the conditions imposed will not hamper the trial of the suit. Though the trial is ordered to be commenced, the decision to be rendered on the suit will be subject to the final orders on the acceptability of the report and plan. Writ Petition is disposed as indicated above. W.P.C.No. 29361/09 - 4 - Handover a copy of the judgment to the counsel for the petitioner today itself, on usual terms, and send a copy to the concerned court forthwith. srd S.S. SATHEESACHANDRAN, JUDGE