IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 3186 of 2009(D) ------------------------------------ IA. 2672/2008 IN OS.678/1997 OF THE MUNSIFF'S COURT, PALAKKAD. ............. PETITIONER(S): PETITIONER/PLAINTIFF ----------------------- CHANDRAN, S/O. UNNI, KURUPPATH HOUSE, CHEMBALODE, KUNNANUR AMSOM, PALAKKAD TALUK, CHANDRA NAGAR P.O. BY ADV. MR.SAJAN VARGHEESE K. RESPONDENT(S): RESPONDENTS/ DEFENDANTS -------------------------- 1. PANGUNNI S/O. LATE GOPALAN,RESIDING AT KURUPATH HOUSE, KANNANUR AMSOM, PALAKKAD TALUK & DISTRICT, CHANDRA NAGAR P.O. 2. PARAMAN, S/O. RAMAKRISHNAN, RESIDING AT KURUPATH HOUSE, KUNNANUR AMSOM, PALAKKAD TALUK & DISTICT, CHANDRA NAGAR P.O. 3. BABU, S/O. KESAVAN, PODIKKARA HOUSE, KARINGARAPPULLY AMSOM, P.O. KARINGARAPPULLY, PALAKKAD TALUK. 4. RAJU, S/O. PANGUNNI, RESIDING AT KURUPATH HOUSE, KUNNANUR AMSOM, PALAKKAD TALUK & DISTRICT, CHANDRA NAGAR P.O. 5 RAJAN, S/O. MALLU, CHEMPADOM, KARINGARAPPULLY AMSOM, PALAKKAD TALUK & DISTRICT , KARINGARAPPULLY P.O. 6. ARAVI @ ARAVIND, S/O. RAMAKRISHNAN, KIZHAKKECHEMBALODE, KUNNANUR AMSOM, PALAKKAD TALUK, CHANDRA NAGAR P.O. WP(C) NO.3186/2009 7. SUDHIR, S/O. KANDAMUTHAN, KURUPATH HOUSE, EAST SANTHI COLONY, CHEMBALODE, KUNNANUR AMSOM, PALAKKAD TALUK, CHAN DRA NAGAR P.O. 8. A.DEVARAJA GOUDER, S/O. ANANTHARAMA GOUDER, RESIDING AT VALIYA VEEDU, KUNNANUR AMSOM, PALAKKAD CHANDRA NAGAR P.O. ADDL. R9 TO R13 AND R14 TO 17 ARE IMPLEADED. 9. LAKSHMI DEVI, W/O. LATE DEVARJA GOWDER, 16/603, VALIYAVEEDU, KUNNATHURMEDU, PALAKKAD TALUK. 10. MAHESWARI, D/O. LATE DEVARJA GOWDER, 519 KPC LAYOUT, KASAVAN HALLI, BELANTHOR POST, SARJARPORE ROAD, BANGALORE 37, KARNATAKA. 11. D.VASUMASTHI, W/O.UMAPATHI, 275/60, ELIKKIL HOUSE, NEAR HMT, OOTY, TAMILNADU 12. D.SANTHI, W/O. KRISHNAMOORTHI, VENKATACHALAPATHY NILAYAM 35/5, IST CROSS , ARNI HOME ROAD, OOTY, TAMILNADU 13. D.SASIREKHA, W/O. L.SATHEESH, COPLAN GANBLOW, PUDUMAND, OOTY, TAMILNADU. 14. PRASANNA, W/O. LATE SUDHIR, KURUPATH VEEDU, KIZHAKKE CHEMBILOD, SANTHI COLONY , POST CHANDRA NAGAR, PALAKKAD TALUK. 15. DEVAKI, W/O. KANDAMUTHAN, DO. DO. 16. KANDAMUTHAN, S/O. NAKELAN, DO. DO. 17. SONA, (MINOR) D/O. LATE SUDHIR, REP.BY NEXT FRIEND/MOTHER PRASANNA, DO. DO. ADDL. RESPONDENTS 9 TO 13 ARE IMPLEADED AS LEGAL HEIRS OF R8 (LATE) AND ADDL. RESPONDENTS 14 TO 17 ARE IMPLEADED AS LEGAL HEIRS OF R7 (LATE AS PER ORDER DTD. 13.7.09 IN IA. 3739/2009. R1,2,3,5 & 6 ADV. MR.D.KRISHNA PRASAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3186/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. 678/1997 ON THE FILE OF ADDITIONAL MUNSIFF'S COURT, PALAKKAD. P2:- COPY OF THE WRITTEN STATEMENT, FILED IN OS. 678/97 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD..P3:- COPY OF THE EXT.A3 DEED DTD. 28.5.73 MARKED IN OS. NO.678/97 ON THE FILE MUNSIFF'S COURT, PALAKKAD. P4:- COPY OF THE IA. NO.338/05 IN OS. 678/97 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD. P5:- COPY OF THE REPORT DTD. 30.6.08 SUBMITTED BY THE ADVOCATE COMMISSIONER IN IA 338/05 IN OS. 678/97 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD. P6:- COPP SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER , ALONG WITH EXT.P5. P7:- COPY OF THE IA. NO.2672/08 IN OS. 678/97 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD. P8:- COPY OF THE ORDER DTD. 16.12.08 PASSED IN IA. 2672/08 IN OS. 678/97 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD. TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.3186 of 2009 - D --------------------------------- Dated this the 27th day of August, 2009 JUDGMENT The writ petition is filed seeking the following reliefs: “i) To call for the records relating to Exhibits P1 to P8. ii) To set aside Ext.P8, allow Ext.P7 as prayed for and stay further proceedings in Ext.P1 original suit, till the prospective commission report has been filed in furtherence to Ext.P7” 2. Petitioner is the plaintiff in O.S.No.678 of 1997 on the file of the Munsiff Court, Palakkad. Suit is one for fixation of boundary and the respondents are the defendants. In the suit several commissions are stated to have been taken, and the reports and plans filed earlier remitted for fresh consideration. Against the last commission report and plan also plaintiff raised serious objections and the learned Munsiff after examining such report and plan with reference to the objections passed Ext.P8 order negativing the objections. Propriety and correctness of Ext.p8 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 W.P.(C).No.3186 of 2009 - D 2 of the Constitution of India. 3. I heard the counsel on both sides. 4. Having regard to the submissions made and the facts and circumstances presented with reference to Ext.P8 order, it has to be stated that in the absence of exceptional circumstance, this Court cannot be expected nor is it proper and appropriate to examine the merit of a commission report in the exercise of its visitorial jurisdiction. A commission report is after all a piece of evidence in a case the merit of which has to be considered with reference to other materials tendered. Taking note that the relief claimed in the suit is one for fixation of boundary and the litigation has been pending for the last more than 12 years, I find the need of the hour is expeditious trial and disposal of the case. I make it clear that irrespective of P8 order if the petitioner/plaintiff takes steps to examine the commissioner and surveyor to substantiate his objections at the stage of trial, the court below shall consider the merit of the commission report and plan and pass appropriate orders. Further enquiry on the merit of the report and plan is entertainable subject to the observation W.P.(C).No.3186 of 2009 - D 3 made above, directing the court below to dispose the suit, as expeditiously as possible. The writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-