PURUSHOTHAMAN Vs. CHIEF EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, OFFICE OF THE CHIEF EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHEMBUKKAVU P.O., THRISSUR, PIN

JUDGEMENT

(1.) Ext.P11 common order passed by the IInd Additional Munsiff's Court, Thrissur on I.A.Nos.5579/2017, 5580/2017 and 5581/2017 in O.S.No.469 of 2013 is under challenge.

(2.) Heard the learned counsel for the petitioner and the Senior Government Pleader.

(3.) Ext.P1 is the suit filed against the State seeking prohibitory injunction and other reliefs. Ext.P3 is the Commissioner's report. Ext.P4 is the written statement filed by State in the suit. Dissatisfied with the report and sketch submitted by the Commissioner, both the parties approached the court below for issuance of a fresh Commission. Learned counsel for the petitioner submitted that the erstwhile Superintendent of Survey and Land Records appointed by the Court suo motu was suspended for some other reasons and he submitted a survey plan and report. It is the submission of the learned counsel for the petitioner that it cannot be relied on. However, going by the provisions under Order 26, Rule 9 CPC, it is clear that it will form part of the records.