IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3788 of 2008(A) ------------------------- AGAINST THE ORDER DATED 03/01/2008 IN IA.6051/2007 IN OS.56/2004 of MUNSIFF COURT, HOSDRUG .................... PETITIONER: ------------ M.PADMAVATHY,D/O.M.V.JANAKI, ORIE, PADNA VILLAGE, HOSDRUG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENTS: ------------- 1. V.KUNHAMBADY,S/O.APPU ORIE, PADNA VILLAGE, HOSDRUG TALUKM, KASARAGOD DISTRICT. 2. K.P.RAVEENDRAN,S/O.K.KUNHAMBADY ORIE, PADNA VILLAGE, HOSDRUG TALUK. KASARAGOD DISTRICT. 3. K.P.PRAKASHAN,S/O. K.KUNHAMBADY ORIE, PADNA VILLAGE, HOSDRUG TALUK. KASARAGOD DISTRICT. 4. K.P.SHYAMALA,D/O.KUNHAMBADY ORIE, PADNA VILLAGE, HOSDRUG TALUK. KASARAGOD DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3788 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of February, 2008. J U D G M E N T This writ petition is filed against the order in I.A.6051/07 in O.S.56/04. It is an application filed for setting aside the Commissioner's plan and report dated 14.11.07. A perusal of the order would show that the learned Munsiff was dissatisfied on account of the fact that except for the averments in the petition no evidence was adduced in support of the said contention and therefore the Court found that the Commissioner's plan and report cannot be set aside. 2. I cannot find fault with the learned Munsiff for the same. But, at the same time, if the Commissioner's plan and report are incorrect and if it is not helpful to decide the matter, certainly it is a matter that requires consideration. Therefore at the stage of evidence the writ petitioner herein may be permitted to adduce evidence including the W.P.C 3788 OF 2008 -:2:- examination of the Commissioner and when the Court is satisfied that the said report and plan are defective and not helpful for deciding the case, the Court can interfere with the Commissioner's plan and report either by permitting to get further particulars or in case of suitable cause, set aside the Commissioner's plan and report and issue a fresh Commission. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-