IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17857 of 2008(A)
1. PARAMU HARIDASAN, JAINA VILASAM @ JAINA
... Petitioner
Vs
1. BOBAN, KULANGARASSERI VEETTIL,
... Respondent
2. HARI KUMAR, KULANGARASSERI VEETIL,
3. UMAYAMMA, KULANGARASSERI VEETIL,
4. SREEMATHI, KULANGARASSERI VEETIL,
5. DEVAKUMARI, KULANGARASSERI VEETIL,
6. SURENDRAN, KULANGARASSERI VEETIL,
7. NIBIN, KULANGARASSERI VEETIL,
8. V.V.MINERALS, KEERAKURANTSATHU
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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WP(C).No. 17857 OF 2008
............................................
DATED THIS THE 17th DAY OF JULY, 2008
JUDGMENT
Petitioner is the plaintiff and respondents, the defendants
in O.S.22 of 2003 on the file of Munsiff Court, Harippad. This
petition is filed under Article 227 of Constitution of India,
challenging Ext.P8 order whereunder I.A.436 of 2008, an
application filed by petitioner for appointment of an experienced
Surveyor and Commissioner to identify the plaint schedule
property was dismissed.
2. Learned counsel appearing for petitioner was heard.
The argument of the learned counsel is that petitioner was
granted a patta and a plan was appended, which shows the
identity of the property and in such circumstances, learned
Munsiff should have appointed an experienced Commissioner to
identify the property and prepare a plan.
3. On hearing the learned counsel and going through
Ext.P8 order, I do not find any illegality or irregularity,
warranting interference in exercise of the powers of this court
under Article 227 of Constitution of India. The Commissioner,
along with the assistance of Surveyor, has already submitted a
WP(C) 17857/2008 2
report. In such circumstances, petition is dismissed. Petitioner is
entitled to adduce evidence in support of his case with regard to
the identification. He is also entitled to challenge Ext.P8 order
along with final judgment, if it goes against him.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-