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2026 Supreme(Online)(Ker) 15251
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. KRISHNA KUMAR, J
MOLY TOMY – Appellant
Versus
MATHEW JOSEPH – Respondent
OP(C) NO. 2884 OF 2017
For the Appellants/Petitioners: SHRI.S.RANJIT, SRI.GOKUL DAS V.V.H.
For the Respondents: SRI.LIJI.J.VADAKEDOM, SRI.SEBASTIAN JOSEPH KURISUMOTTIL
The court outlined limitations on interference under Article 227 while ensuring procedural efficiency during trial.
Headnote:The petitioner, the 4th defendant in O.S. No. 109/2016, sought the appointment of an official surveyor over a private surveyor in the suit, citing the necessity of obtaining revenue records (Paragraphs 1-3). The court examined the issues of interference under Article 227 of the Constitution and determined that while the request cannot be entertained now, necessary records may be ordered during trial (Paragraphs 5-6). Ultimately, the petition was closed, directing expedited proceedings in the underlying suit (Paragraph 6).
| Table of Content |
|---|
| 1. petitioner requested appointment of official surveyor. (Para 1 , 2 , 3) |
| 2. court's limitations on trial interference and record production. (Para 4 , 5) |
| 3. expeditious trial proceedings directed. (Para 6) |
JUDGMENT
The petitioner is the 4th defendant in O.S. No. 109/2016 on the file of the Principal Munsiff Court, Kottayam. She is aggrieved by Ext. P6 order passed by the learned Munsiff on Ext. P5 application filed by her. As per Ext. P5 application, the petitioner requested the court to appoint an official surveyor instead of the private surveyor appointed by the court as per the order in I.A. No. 1014/2017, which was filed by respondents 1 and
2 herein, who are the plaintiffs in the suit.
2. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for respondents 1 and 2 and the learned Government Pleader.
3. The grievance of the petitioner is that, considering the nature of the suit and the relief sought therein, it is inevitable that the commissioner should be assisted by a qualified official surveyor; otherwise, a private surveyor might not be in a position to obtain the necessary revenue records.
4. The learned counsel appearing for respondents 1 and 2 submitted that they can provide all necessary records to the commissioner and the private surveyor. According to them, when the Government is in the party array as one of the defendants, it would be highly improper to appoint a Taluk Surveyor or any other official surveyor working under the Government.
5. Considering the limited scope of interference under Article 227 of the Constitution of India , especially in view of the reasons stated in Ext. P6 order, I am of the view that this Original Petition cannot be entertained. However, it is to be made clear that, during the course of the trial, if the learned Munsiff finds that any further official records are required for the proper disposal of the matter, it is open to the court to pass necessary orders directing the official respondents to produce such records. The petitioner is also at liberty to approach the learned Munsiff seeking appropriate orders in this regard.
6. Considering the extraordinary delay that has occurred in this matter, the learned Munsiff is directed to dispose of the suit as expeditiously as possible. The court is further directed to fix a time limit for the inspection and for the filing of the report by the commissioner.
The original petition is closed accordingly.
Sd/-
