High Court Kerala High Court

T.P.Rajan Nair vs Nellikuzhy Grama Panchayath on 15 September, 2010

Kerala High Court
T.P.Rajan Nair vs Nellikuzhy Grama Panchayath on 15 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31013 of 2009(O)


1. T.P.RAJAN NAIR,
                      ...  Petitioner
2. K.M.THANKAMMA,

                        Vs



1. NELLIKUZHY GRAMA PANCHAYATH,
                       ...       Respondent

2. SAJI SOUPARNIKA,

3. SANTHA SUKUMARAN, W/O.SUKUMARAN,

                For Petitioner  :SRI.C.DILIP

                For Respondent  :SRI.N.N.ELAYATH

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :15/09/2010

 O R D E R
                       HARUN-UL-RASHID, J.
                     -------------------------------------
                      WP(C) NO. 31013 of 2009
                     -------------------------------------
              Dated this the 15th day of September, 2010

                              JUDGMENT

The Writ petitioners are the plaintiffs in O.S No.122 of 2009

on the file of the Munsiff’s Court, Muvattupuzha. The

respondents are the defendants in the suit. This suit was filed for

permanent prohibitory injunction. The Writ Petition is filed under

Article 227 of the Constitution of India for setting aside Ext.P6

order of the Munsiff’s Court.

2. I.A No. 2431/2009 is a petition filed by the defendants in

the suit for issuance of a commission for measuring the plaint

schedule property and the property adjacent to the plaint

schedule property. In the affidavit filed in support of the I.A.No.

2431/2009, it is stated that there is very old thodu is on the

eastern, southern and northern side of the plaint schedule

property and there is thodu puramboke on the eastern side of the

plaint schedule property. It is also stated that the suit was filed

by wrongly including a portion of the puramboke on the eastern

side of the plaint schedule property. The grievance of the

petitioners in the I.A is that for a proper determination of the

WP(C) NO. 31013 of 2009 2

dispute between the parties, the plaint schedule property and the

adjoining property are to be measured as per survey records and

on the basis of the documents relied on by the plaintiffs.

3. The prayer in the I.A was opposed by the plaintiffs. They

contended that the suit is for injunction simplicitor, the question

is as to whether the plaintiffs’ possession over the plaint

schedule property is proved. The measurement of the plaint

schedule property and the adjoining property on the basis of the

survey records is quite unnecessary and therefore, the prayer in

the I.A is not allowable.

4. After considering the contentions of both sides, the court

allowed the petition and the court found that defendants have a

case that plaintiffs included the puramboke land within the plaint

schedule property. In such circumstance, the puramboke land

lying adjacent to the property can be ascertained only by a

survey measurement. The court found that for the proper

adjudication of the dispute between the parties, the prayer for

issuance of a commission for measurement of the property and

the adjoining puramboke land is necessary. I do not find any

WP(C) NO. 31013 of 2009 3

valid ground to interfere with Ext.P6 order passed by the

Munsiff’s Court, in exercise of jurisdiction under Article 227 of

the constitution of India.

The Writ Petition stands dismissed.

HARUN-UL-RASHID, JUDGE
ln