IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18997 of 2009(O) -------------------------- OS.297/2007 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER(S): ------------------------- 1. CHAKKU, S/O. PUTHOOR OUSEPH, KOLAZHI VILLAGE, THIROOR DESOM, THRISSUR TALUK & DISTRICT. 2. DEVASSY, S/O.PUTHOOR OUSEPH, KOLAZHI VILLAGE, THIROOR DESOM, THRISSUR TALUK & DISTRICT. 3. FRANCIS, S/O.PUTHOOR VAREED, KOLAZHI VILLAGE, THIROOR DESOM, THRISSUR TALUK & DISTRICT. BY ADVS.MR.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENT(S): --------------------------- 1. ST.THOMAS CHURCH, KOLAZHI VILLAGE, THIROOR DESOM, THRISSUR TALUK, REP. BY PRESENT VIKARI JOSEPH CHAZHUR. 2. ST.THOMAS CHURCH, KOLAZHI VILLAGE, THIROOR DESOM, THRISSUR TALUK, REP. BY PRESENT KAIKKARAN GEORGE, S/O. MUTTIKKAL LUKOSE, ..DO.... 3. ST.THOMAS CHURCH, KOLAZHI VILLAGE, THIROOR DESOM, THRISSUR TALUK, REP. BY PRESENT KAIKKARAN XAVIER, S/O.CHITTILAPPILLY VEETIL KOCHU MATHEW, PUTHANMADAM DESOM, KOLAZHI VILLAGE. Kss ..2/- ...2.... WPC.NO.18997/2009 O 4. CHAKKU, S/O.OUSEPH @ KOCHAPPU, NEELANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR. 5. THOMAS, S/O.OUSEPH @ KOCHAPPU, NEELANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR. 6. DAVIS, S/O.VADAKKAN OUSEPH, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR TALUK. 7. MICHAEL, S/O.MARY, NELLANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR TALUK. 8. ROSAKUTTY, D/O.MARY, NEELANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR TALUK. 9. ELSY, D/O.MARY, NEELANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR TALUK. 10. THARU, S/O.OUSEPH @ KOCHAPPU, NEELANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR. 11. LONAPPAN, S/O. OUSEPH @ KOCHAPPU, NEELANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR. 12. FRANCIS, S/O.OUSEPH @ KOCHAPPU, NEELANKAVIL HOUSE, THIRUR DESOM, KILLANNOOR VILLAGE, THRISSUR. BY ADV. MR. P.P. RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.18997 OF 2009 -------------------------- Dated this the 7th day of July 2009 ------------------------------------- JUDGMENT Writ petition is filed seeking the following reliefs. i) Set aside Ext.P6 order passed by Principal Munsiff, Thrissur in I.A No.3537/2009 in O.S 4021/2005 dated 24.06.2009. ii) Such other reliefs this Hon'ble Court deems fit and proper to grant in the facts and circumstances if the case. 2. Petitioners are the plaintiffs in O.S 4021/2005 on the file of the Principal Munsiff Court, Trissur which has been ordered to be jointly tried with O.S 884/2007 and O.S 297/2007, both pending on the file of that court. An advocate commissioner appointed at the instance of the W.P.(C).No.18997 OF 2009 2 plaintiffs in O.S 884/2007 to measure the property and determine the points raised in the commission application to file a report and plan with the assistance of a surveyor, is yet to be executed. Petitioners who have a grievance against the surveyor assisting the advocate commissioner moved an application espousing that grievance before the court seeking the appointment of the Taluk surveyor to assist the advocate commissioner. The request of the petitioner was objected to by the plaintiffs in O.S 884/2007, and the learned Munsiff declined the request passing Ext.P6 order, which is impugned in this writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. The respondents 1 to 3, the plaintiffs in O.S 884/2007 have entered appearance through a counsel. I heard the counsel on both sides. Notice to the other respondents in the facts and circumstances presented is found not necessary, and W.P.(C).No.18997 OF 2009 3 dispensed with. Pursuing Ext.P6 order I find the learned Munsiff has disposed Ext.P4 application with one word 'dismissed'. On the face of the order it is evident that there was no application of mind and consideration of any of the points raised by the petitioners or of the objections of the opposite party. Setting aside Ext.P6 order, the learned Munsiff is directed to consider Ext.P4 application afresh on merits with reference to the objections raised by the opposite party, and pass a considered order. The order may be brief, but, it should reflect application of mind and advertence to the disputed question arising for consideration. Writ petition is disposed subject to the above observations. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv