IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 21285 of 2009(O) ---------------------------------------- OS.546/2006 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER(S): ------------------------- 1. NEELAKHANTAN POTTI, AGED 69, S/O.DAMODARAN POTTI, PACHAMKULATH ILLOM, THEKKUM MURI KIZHAKKU, THAZHAVA VILLAGE, THAZHAVA P.O., KOLLAM DISTRICT. 2. RAJESH, AGED 28, S/O.NEELAKHANTAN POTTI, PACHAMKULATH ILLOM, THEKKUM MURI KIZHAKKU, THAZHAVA VILLAGE, THAZHAVA P.O., KOLLAM DISTRICT. BY ADV. MR.D.SOMASUNDARAM RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, KOLLAM REPRESENTING STATE OF KERALA. 2. PAPPACHAN, AGED 54 YEARS, PULLAMPALLIYIL, THEKKUM MURI KIZHAKKEKARA, THAZHAVA VILLAGE, THAZHAVA P.O., KOLLAM. 3. CHINNA, AGED YEARS, W/O.PAPPACHAN, PULLAMPALLIYIL, THEKKUM MURI KIZHAKKEKARA, THAZHAVA VILLAGE, THAZHAVA P.O., KOLLAM. R2 BY ADVS. MR.K.RAMACHANDRAN, MR.S.SREEDEV. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.21285 OF 2009 -------------------------- Dated this the 10th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Writ of mandamus or appropriate writ order or direction commanding the learned Munsiff Court, Karunagappally to finally dispose of the O.S No. 546 of 2006 at the earliest at any rate within a time frame which deem fit and proper by the Hon'ble Court. ii) To declare that petitioner is entitled to pray for earlier disposal of the suit. W.P.(C).No.21285 OF 2009 Page numbers iii) To pass such other orders deem fit in the interest of justice. iv) To award entire costs of this proceedings from the respondents to the petitioner. 2. Petitioners are the plaintiffs in O.S No.546 of 2006 on the file of the Munsiff Court, Karunagappally. Suit has been filed for a decree of mandatory injunction to rectify a mistake in the title certificate with respect to the survey number of the property of the plaintiffs and for consequential reliefs. Petition has been filed seeking for directions or orders to the court below to dispose the suit expeditiously. 3. Notice being given, first respondent through the Government pleader, and second respondent through the counsel have entered appearance. I heard the counsel on both sides. A W.P.(C).No.21285 OF 2009 Page numbers report from the learned Munsiff, Karunagappally has also been collected. From the submissions made and received, it appears that there is also another suit as O.S No. 450 of 2008 filed by the respondents 2 and 3 as plaintiffs which has some connection with the disputes involved in the present suit is also pending before that court. On the application moved by the petitioners / plaintiffs in O.S No.546 of 2006, the learned Munsiff has reported that a commission was ordered, but the surveyor is yet to be appointed. Having regard to the facts and circumstances involved, the learned Munsiff submits that a time limit of ten months is required for the disposal of the suit. The learned counsel for the petitioner persist with the submission that an early disposal is essential to advance the ends of justice. It is further submitted that previously the parties have entered into a compromise in the earlier suit and discarding that some steps are taken injurious to W.P.(C).No.21285 OF 2009 Page numbers the plaintiffs. Whatever that be, I find that a quietus to the controversy at the earliest is essential. The learned Munsiff is directed to appoint a private surveyor if the assistance of Taluk Surveyor or any of his subordinates is not available to assist the commissioner to measure and survey the property covered by the commission order. If necessary, parties can be directed to furnish a panel of the private surveyors from which any one among them can be appointed. The court below shall monitor the case to see that the report is filed by the commissioner at an early date and also pass appropriate orders after examining the records, whether a joint trial of the two suits is necessary, even if no application has been moved by any of the parties in such suits. Both parties are directed to cooperate for an expeditious disposal of the suit. W.P.(C).No.21285 OF 2009 Page numbers 3. Subject to the above directions the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv