IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No.341 of 2009 (N) ------------------------------- OS.255/2007 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER: --------------- K.G. GEORGE, AGED 52 YEARS, KALATHIL HOUSE, (ZION) MELUKKARA.P.O, KOZHENCHERRY, PATHANAMTHITTA. BY ADV. SRI.B.PRAMOD SRI.GEORGE MATHEWS RESPONDENTS: ------------------ 1. K.J. JOSEPH @ APPACHAN, AGED ABOUT 57 YEARS, MAVUNKAL HOUSE, 43 - SANTHINIKETHAN, AVALOOKUNNU.P.O, ALAPPUZHA. 2. JAYAKUMAR PILLAI, S/O. PARAMESWARAN PILLAI, LOVE NEST, THATHAMPALLY, KARUKA WARD, ALAPPUZHA. 3. THOMAS GEORGE, AGED 47 YEARS, KALATHIL HOUSE (ZION), RUBY NAGAR.P.O CHANGANACHERRY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.341 of 2009 ------------------------------------------------ Dated this the 5th day of January, 2009 JUDGMENT Heard the counsel for the petitioner/ plaintiff in O.S.255/07 on the file of the Munsiff's Court, Alappuzha. That was a suit for fixation of boundary and for other reliefs. He filed Ext.P1 commission application for measuring out the properties on the basis of description in the title deeds and to demarcate and fix the northern boundary of his property with the assistance of a Surveyor. That was allowed by the court below. In the course of execution of the order, the Commissioner wanted the original measurement plan maintained by the survey authorities. The petitioner/plaintiff obtained certificate from court enabling him to get original measurement plan relating to the properties from the Village Officer concerned. According to the W. P. C. No.341 of 2009 -2- petitioner, the certificate was delivered only on 19/08/08 due to non-availability of printed forms of the court certificates and that before the plan could be made available the court below dismissed the commission application vide Ext.P3 order on 21/08/08 observing that the petitioner was delaying the disposal of the suit; that thereafter on 02/09/08 he filed Ext.P4 review petition for reviewing Ext.P3 order; that he also filed Ext.P5 application for obtaining a court certificate to obtain original measurement plan from the office of the District Survey Superintendent; that accordingly, Ext.P6 Court Certificate was issued while the review petition was pending; that on production of Ext.P6 court certificate the District Survey Superintendent issued Ext.P7 letter stating that the original measurement plan was not W. P. C. No.341 of 2009 -3- available in his office; that steps have been taken for obtaining the same from the office of the Assistant Director, Central Survey Office, Thiruvananthapuram and that plan would be issued as and when the same is obtained from the office of the Assistant Director and he produced the said Ext.P3 letter before court and consequently, vide Ext.P4 order on the review petition the court below dismissed Ext.P4 confirming Ext.P3 order already passed dismissing the commission application. 2. It is vehemently contended before me by the learned counsel for the petitioner that the suit for fixation of boundary filed by him will have necessarily to be dismissed if plan is not obtained and property is not measured and boundary is got fixed and that therefore, it is only proper that opportunity be given to him to obtain certified copy of the required W. P. C. No.341 of 2009 -4- plan from the office of the Director of Survey and Land Records, Thiruvananthapuram. I do not find any reason why this Court is to issue notice to the respondents and cause unnecessary delay when I find that necessarily the plaintiff has to be given an opportunity to get down a commission report and plan fixing the boundaries. 3. In the result, I set aside Ext.P4 as also Ext.P3 orders and direct the court below to issue necessary certificates to the petitioner on his application enabling him to obtain necessary plan in relation to the scheduled property from the office of the Director of Survey and Land Records, Thiruvananthapuram so as to enable him to obtain the plan and to produce the same before the Commissioner so as to enable the Commissioner to execute the order as per W. P. C. No.341 of 2009 -5- Ext.P1 commission application. 4. This Writ Petition is disposed of with the above directions. The petitioner is directed to produce a copy of this judgment in the court below forthwith to enable appropriate orders being passed on the application that may be filed by him in the court below. 5. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-