IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 4070 of 2010(O) ------------------------- AGAINST THE ORDER DATED 15/01/2010 IN IA.386/2010 IN OS.903/2008 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: --------------- MUTHOOT HOTELS & INFRASTRUCTURE VENTURES (P) LTD., MUTHOOT CENTER, PUNNEN ROAD, THIRUVANANTHAPURAM-695 024, REPRESENTED BY ITS SENIOR MANAGER, SABU ZACHARIAS.K. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT: --------------- K.I.VARGHESE, S/O.ITTOOP, KACHAPPALLY HOUSE, MULANTHURUTHI, ERNAKULAM. SENIOR ADVOCATE SRI.R.D.SHENOY ADV. SRI.S.VINOD BHAT FOR R1 SRI.G.RAJAGOPAL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4070 of 2010(O) INDEX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF JUDGMENT OF THIS COURT DATED 08.04.09 IN WP(C) NO.3815 OF 2009 D. EXT.P2: PHOTOCOPY OF LETTER DATED 13.08.09 OF DEPUTY DIRECTOR, SURVEY & LAND RECORDS, ERNAKULAM TO THE ADVOCATE COMMISSIONER IN O.S.903/2008, ADDITIONAL SUB COURT, ERNAKULAM. EXT.P3: PHOTOCOPY OF THE OBJECTION DATED 24.08.09 FILED BY THE PETITIONER IN O.S.NO.903/2008 ON THE FILES OF SUB COURT, ERNAKULAM TO THE INTERIM REPORT FILED BY THE ADVOCATE COMMISSIONER IN I.A.NO.8018/08 AND I.A.NO.1311/2008 IN O.S NO.903/2008. EXT.P4: PHOTOCOPY OF THE WORK MEMO SUBMITTED BY THE PETITIONER IN O.S.NO.903/2008 ON THE FILES OF SUB COURT, ERNAKULAM. EXT.P5: PHOTOCOPY OF DIRECTION FOR MEASUREMENT SUBMITTED BY THE ADVOCATE COMMISSIONER IN I.A.NO.8018/2008 AND I.A NO.1311/2008 IN O.S.NO.903/2008, ON 12.01.2010. EXT.P6: PHOTOCOPY OF THE LETTER DT.12.1.2010 ISSUED TO ADVOCATE COMMISSIONER BY THE DEPUTY DIRECTOR OF SURVEY AND LAND RECORDS. EXT:P7: PHOTOCOPY OF THE INTERIM REPORT FILED BY THE ADVOCATE COMMISSIONER ON 14.1.2010 IN O.S.NO.903/2008 ON THE FILES OF SUB COURT, ERNAKULAM, REFERRED TO IN THE WP(C). EXT.P7(a):PHOTOCOPY OF OBJECTION FILED BY THE PETITIONER TO THE INTERIM REPORT FILED BY THE ADVOCATE COMMISSIONER. EXT.P8: PHOTOCOPY OF I.A.NO.386/2010 FILED BY THE RESPONDENT BEFORE THE SUB COURT, ERNAKULAM IN O.S.NO.903/2008. EXT.P8(a):PHOTOCOPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER I.A.NO.386/2010 BEFORE THE SUB COURT, ERNAKULAM IN O.S.NO.903/2008. EXT.P9:PHOTOCOPY OF SHOW-CAUSE NOTICE D.NO.149/10 DATED 15.01.2010 BY THE 1ST ADDITIONAL SUB JUDGE, ERNAKULAM TO THE DEPUTY DIRECTOR, SURVEY AND LAND RECORDS, ERNAKULAM. EXT.P10:PHOTOCOPY OF JUDGMENT OF THIS COURT DATED 20.01.2010, RENDERED IN WP(C) NO.2034/2010 - O. EXT.P11:PHOTOCOPY OF THE ORDER DATED 15.01.2010 RENDERED BY THE SUB COURT, ERNAKULAM IN I.A.NO.386/2010 IN O.S.NO.903/2008 FILED BY THE RESPONDENT. EXT.P12:PHOTOCOPY OF THE INTIMATION DATED 21.01.2010 MADE BY THE PETITIONER TO THE ADVOCATE COMMISSIONER, SHRI.N.C.SAJITH, AND HIS ENDORSEMENT THEREON. /TRUE COPY/ P.A TO JUDGE P.BHAVADASAN, J. ------------------------- W.P (C) No.4070 of 2010 -------------------------- Dated this the 25th March, 2010 J U D G M E N T In this writ petition, petitioner seeks to assail Ext.P11 order passed by the court below. 2. Petitioner is the defendant in O.S No.903/08 which was a suit for recovery of possession and for mandatory injunction. Since the suit contained a prayer for recovery of possession, it has become necessary to identify the property. The matter relates to 19.1 cents of land. 3. Suffice to say that on an earlier occasion, petitioner had been approached this Court and Ext.P1 is the order passed by this Court, wherein, it is directed that the Commissioner shall file the report and plan after surveying the property. This Court also directed that plan and report has also to be submitted on or before 15.6.2009. 4. The grievance of the petitioner is that even in spite of the time fixed by this Court till date plan and report has not been submitted. Both sides have no objection in directing the Deputy Director of Survey and Land Records to determine the manner in which the property had been W.P (C) No.4070 of 2010 2 measured in the presence of the Commission already appointed by the lower Court and prepare a sketch and hand over to the Commissioner to file a report. 5. It is therefore directed that the Deputy Director of Survey may determine the mode of measurement of the property as deems fit involved in these proceedings and submit sketch or sketches to the Commissioner who shall submit along with his report to the court. If any difficulties arise during measurement, the Commissioner shall take orders from the Court for further measurement of the property and for other procedures. 4. In the result, Ext.P11 order is set aside and the Commissioner shall file a report within two months from the date of receipt of a copy of this judgment. Petitioner shall sent a copy of this judgment along with copy of this writ petition to the Deputy Director of Survey and Land Records and to the trial court for compliance. P.BHAVADASAN, JUDGE ma W.P (C) No.4070 of 2010 3 W.P (C) No.4070 of 2010 4