IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20067 of 2008(L) ---------------------------------------- (O.S.NO.73/2006 OF MUNSIFF COURT, HOSDRUG) PETITIONER: --------------------- BALOOR VEETTIL KARICHI AMMA, AGED 72 YEARS, W/O.RAMAN, R/AT THEKKE ODI, BALOOR, BELOOR VILLAGE, HOSDURG TALUK, KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: ------------------------ 1. V.JANAKI, AGED 57 YEARS, D/O.BALOOR KUNHAMBU NAIR, BALOOR VEEDU, BELUR VILLAGE, P.O.PARAKKALAYI, KASARAGOD. 2. V.MADHAVI AMMA, AGED 55 YEARS, D/O.BALOOR KUNHAMBU NAIR, BALOOR VEEDU, BELUR VILLAGE, P.O.PARAKKALAYI, KASARAGOD. 3. V.MADHAVAN NAIR, AGED 53 YEARS, S/O.BALOOR KUNHAMBU NAIR, R/AT NEAR L.V.TEMPLE, HOSDURG TALUK, KASARAGOD. 4. V.NARAYANAN NAIR, AGED 49 YEARS, S/O.BALOOR KUNHAMBU NAIR, BALOOR VEEDU, BELUR VILLAGE, P.O.PARAKKALAYI, KASARAGOD. 5. V.DEVI NAMBIAR, AGED 51 YEARS, D/O.BALOOR KUNHAMBU NAIR, AIGNGOTH, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD. 6. V.V.LAKSHMIKUTTY, AGED 51 YEARS, D/O.BALOOR KUNHAMBU NAIR, BALOOR VEEDU, BELUR VILLAGE, P.O.PARAKKALAYI, KASARAGOD. 7. V.KUNHAMBU NAIR, AGED 45 YEARS, S/O.BALOOR KUNHAMBU NAIR, R/AT DHSS ROAD, HOSDURG VILLAGE, HOSDURG TALUK, KASARAGOD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO. 20067 OF 2008 ------------------------------------------ Dated this the 3rd day of July, 2008 JUDGMENT Petitioner is first defendant in O.S. 73 of 2006 on the file of Munsiff Court, Hosdurg. This petition is filed challenging Ext.P6 order dated 30.5.2008 passed by learned Munsiff dismissing the application filed by the petitioner as well as the co-defendant Panchayat to remit the report and plan to the commissioner to file a further report. Under Ext.P6 order learned Munsiff dismissed the petition holding that grievance of the petitioner is only with regard to the naming of the road by the commissioner and on whether the road is newly constructed or not. Learned Munsiff, under Ext.P6 order, found that if the commissioner inspects the property, he can only report the present stage of the road and in such circumstances the report is not to be remitted to find out whether the road found out by the commissioner is a newly one or was previously there. With regard to the first objection learned Munsiff held that it is a matter for evidence and commissioner can only report what was WPC 20067/2008 2 represented to him at the time of inspection. The argument of the learned counsel appearing for petitioner is that commissioner was specifically requested by filing a work memo to note and report Laloor-Baloor road and to show its existence a sketch of the road issued by the Village Officer was produced and the commissioner did not identify that road and the disputed road is actually part of that road and in such circumstances the report and plan should have been remitted back to the commissioner. 2. On going through Ext.P4 copy of the petition filed for remitting the report and Ext.P6 order passed by the learned Munsiff it appears that there was no specific plea on this aspect. There was no case that commissioner did not identify the road as shown in the sketch made available to him, which is the road shown in the Road Register. Evidently learned Munsiff therefore did not consider the same in Ext.P6 order. If the grievance of the petitioner is that the road identified by the commissioner marked in the plan appended to the report is not the Padi-Laloor-Baloor road via Maruthamkunnu, petitioner is at liberty to file an application before the learned Munsiff for a WPC 20067/2008 3 direction to the commissioner to locate that road specifically. Petitioner is also entitled to adduce evidence to prove that the disputed road is part of the said road. With that liberty writ petition is disposed. If a petition is filed, learned Munsiff shall consider the same and pass appropriate order in accordance with law. M. SASIDHARAN NAMBIAR, JUDGE Okb/-