IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 777 of 2008(P) ----------------------------------- PETITIONER: ------------------ MUHAMMED ASSIM, S/O.KUNJALI NAINA, AMC-8/282, PERIYAR LANE, ALUVA WEST VILLAGE, ALUVA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER KUNJALI NAINA, VEZHAPPILLIL HOUSE, PALACE ROAD, ALUVA. BY ADV. SRI.SABU GEORGE RESPONDENTS: ---------------------- 1. MERCY, W/O.MAVELI JACOB, MARATHANTHARA, CHIRAYAM KARA, ALANGADU VILLAGE, PARAVUR. 2. JEFFI @ GEORGE JACOB, S/O.MAVELI JACOB, MARATHANTHARA, CHIRAYAM KARA, ALANGADU VILLAGE, PARAVUR. 3. JERRY @ ROMIE JOSEPH, S/O. MAVELI JACOB, MARATHANTHARA, CHIRAYAM KARA, ALANGADU VILLAGE, PARAVUR. 4. JIJI VICTOR, D/O.MAVELI JACOB, MARATHANTHARA, CHIRAYAM KARA, ALANGADU VILLAGE, PARAVUR. 5. JUDE JACOB, S/O.MAVELI JACOB, MARATHANTHARA, CHIRAYAM KARA, ALANGADU VILLAGE, PARAVUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No. 777 OF 2008 ===================== Dated this the 8th day of January 2008 JUDGMENT This writ petition is filed challenging the order of the Prl.Sub Court, North Parur in I.A.No.4626 of 2007 in O.S.No.142 of 2006. The main grievance of the petitioner is that the court below has ordered the property has to be measured with the assistance of a Village Officer. A perusal of the counter affidavit would also reveal that there had been various litigations between the parties and plans and reports have been submitted with the assistance of the Taluk Surveyor. Learned counsel for the petitioner submits before me that even if the commission application is allowed, the measurements have to be done with the assistance of a Taluk Surveyor. Therefore the order challenge is modified and the court below is directed to direct the Commissioner to measure the property with the assistance of the Taluk Surveyor instead of a Village Officer. With the above observation, writ petition is disposed of. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-