IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10988 of 2009(O) -------------------------- AGAINST THE ORDER DATED 16/02/2009 IN IA 490/09 IN OS.3/1999 of MUNSIFF COURT, CHITTUR .................... PETITIONER(S): RESPONDENTS/ADDL.DEFENDANTS NO.2 TO 9 ---------------------------------------------------- 1. MALATHY (WRONGLY SHOWN AS MALINI, IN THE ORDER IMPUGNED) W/O.KESAVAN, RESIDING AT AYYAPPANKAVY BANGLAW, KOLLENGODE VILLAGE, PALAKKAD DIST. 2. BABY RAMANY, W/O.PRAKASAN, RESIDING AT DO-DO- 3. RAMESH, S/O.KESAVAN, RESIDING AT -DO- 4. KANAKALATHA, W/O.RAGHAVAN,RESIDING AT -DO-DO- 5. RATNAKUMARI,W/O.SUKUMARAN, RESIDING AT -DO- 6. SATHYENDRAN, S/O.KESAVAN RESIDING AT -DO- 7. SHEEJA, W/O.HARI, RESIDING AT -DO- 8. SASI, S/O. KESAVAN, RESIDING AT -DO- BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): PETITIONERS AND RESPONDENT NO.1/PLAINTIFFS & DEFE ---------------------------------------------------------------- 1. UNION CLUB, KIZHAKKETHARA AMSAM, CHITTUR TALUK, REP. BY PRESIDENT SAHADEVAN, S/O.VELAN, RESIDING AT MANALIPADAM,KIZHAKKETHARA AMSAM, CHITTUR TALUK. 2. KAMARDHEEN, S/O.VELLAPPARAWTHER, RESIDING AT NANDANKIZHAI, CHITTUR VILLAGE AND TALUK. 3. APPUNNI, S/O.CHAMY, RESIDING AT DEVASWAM KALAM,PALLAVUR AMSAM,DESAM, CHITTUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------- W.P.(C).No.10988 of 2009 ------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT The petitioners are the defendant Nos.2 to 9 in O.S.No.3 of 1999 on the file of the Munsiff’s Court, Chittur. The suit is for fixation of boundary of plaint A and B schedule properties. A Commissioner was appointed to measure out the property. He submitted report and plans. The learned counsel for the petitioners submits that the report was remitted once and the Commissioner has filed another report. The plaintiffs filed I.A.No.490 of 2009 to remit the Commissioner’s report to the very same Commissioner. In the affidavit accompanying the application, the plaintiffs stated that the Commissioner has not measured the properties in accordance with the title deeds and in accordance with the tak measurements. The court below thought that it is necessary to get a supplemental report and supplemental plan incorporating the details mentioned in the application filed by the plaintiffs. Accordingly, I.A.No.490 of 2009 filed by the plaintiffs to remit the Commissioner’s report was allowed. That order is under challenge in this Writ Petition. 2. The learned counsel for the petitioners submitted that the Commissioner filed the report on 30.1.2009. Objections were filed on WPC No.10988/2009 2 7.2.2009 and the court below passed the impugned order on 16.2.2009. He submitted that no opportunity was afforded to the defendants to file objections to I.A.No.490 of 2009 and also objections to the Commissioner’s report. 3. The suit is of the year 1999. The court below thought that a supplementary report and plan are necessary and that measurement of the property in accordance with the title deeds and tak measurements is required. By remitting the Commissioner’s report, the Writ Petitioners would not be put to any prejudice. The earlier reports and plans are not set aside. The Commissioner is directed to do certain work and to file a supplementary report and plan. The court below thought that the aforesaid details are also necessary for an effective and complete adjudication of the dispute involved in the case. The order impugned, though not a detailed order, serves the purpose which is needed. Therefore, I do not think that interference under Article 227 of the Constitution of India is called for. However, the petitioners would be entitled to file work memo before the Commissioner indicating the points to be noted by the Commissioner. The Writ Petition is accordingly dismissed with the above observations. K.T.SANKARAN, JUDGE csl