IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1358 of 2008(J) ------------------------------------- PETITIONER: ------------------- ALI PILLAI, AGED 67 YEARS, S/O.MUHAMMED, THOTTATHIKULAM (NEDUMPARAMBIL), KUTTILANJI KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.RAJAGOPAL, SRI.THOMAS M.JACOB, SMT.N.RENJINEE DEVI. RESPONDENTS: ------------------------ 1. TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM REPRESENTED BY IT'S SECRETARY. 2. ASSISTANT COMMISSIONER, ASSISTANT COMMISSIONER'S OFFICE, THRIKKARIYOOR DEVASWOM, THRIKKARIYOOR. BY ADV. SRI.NAGARAJ NARAYANAN, SC, TDB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No. 1358 OF 2008 ===================== Dated this the 11th day of January 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff's Court, Muvattupuzha in I.A.No.3656 of 2007 in O.S.No.265 of 2007. By the said order, the learned Munsiff refused to issue a Commission to measure the property with the assistance of a Surveyor. The learned Munsiff is right in holding that survey measurement of the property is not necessary in a case where the right claimed is that of easement by prescription. When a right is claimed by easement by prescription, it indicates that the right is claimed over another man's property. There cannot be any dispute regarding the title of the property of the other owner. Learned counsel for the petitioner would submit that defendants have denied the title of the plaintiff with respect to the property to which he seeks entry. Whatever it may be, if a person is in possession of the property, there must be an access to the property. Suppose further materials are necessary and as ordinarily it is necessary the court can certainly direct the Commissioner to look those particulars. Learned counsel submits that already there is a Commission WP(C)1358/2008 -:2:- issued by the court, who had submitted report without notice to the other side. Therefore, I direct the court below to remit the plan and report to the same Commissioner and permit both the parties to file work memo with regard to the points to be noted by them. The plaintiff is not entitled to measure out his property with the assistance of a Surveyor for the determination of the dispute in this case. The writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-