IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 190 of 2009() ---------------------------------- (AGAINST THE JUDGMENT/ORDER DATED 19/01/2009 IN WP(C) NO.33835/2008) APPELLANT(S): 4TH RESPONDENT IN THE IA AND ADDL.R4 IN WPC: ----------------------------------------------------------------------------------------------------- FR.SEBASTIAN VADAKKUMPADAM, VICAR, ST.THOMAS CHURCH VIKAS VANI ROAD, THENGODU P.O. BY ADV. MR.V.C.JAMES RESPONDENT(S): PETITIONER/R1-3 AND 5-14 IN THE IA: ----------------------------------------------------------------------------------- 1. BAYSHORE SEA WOOD PROJECTS, PEARL HOUSE, MAMANGALAM, PALARIVATTOM, COCHIN-682 025, REPRESENTED BY TAJAN CYRIL, PARTNER. 2. THRIKKAKARA PANCHAYAT, PANCHAYAT OFFICE, KAKKANAD P.O., KOCHI. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. SHEELA V.S., MALIKKAL HOUSE, HOUSE NO.V/242 A, VIKAS VANI, THENGODU P.O. 5. MARY GEORGE, PUTHENPURAKKAL HOUSE, HOUSE NO.V/222 D, VIKAS VANI ROAD, THENGODU P.O. 6. AMBROSE.C.O., CHALA VEETTIL, HOUSE NO. V/243, VIKAS VANI ROAD, THENGODU P.O. Kss ..2/- ...2.... W.A.NO.190/2009 7. M.K.KRISHNANKUTTY, MAYALATHATTIL HOUSE, NO.VI, HOUSE NO.V/242 A, VIKAS VANI ROAD, THENGODU P.O. 8. P.C.VARGHESE, PARAMBATH HOUSE, HOUSE NO. V/456 A, VIKAS VANI ROAD, THENGODU P.O. 9. K.O.FRANCIS, KATHINGATTU PARAMBIL, HOUSE NO. 444/VII, THENGODU P.O. 10. SARAMMA FRANCIS, KARINGATTU PARAMBIL, HOUSE NO.444/VII (V), THENGODU P.O. 11. SIMON MATHEW, EDAPARA, HOUSE NO.447/VIII (V), THENGODU P.O. 12. P.B.DINESH KUMAR, PUTHEN VEEDU, THENGODU P.O. 13. CHERIYAN THAYANKERY, THAYANKERY HOUSE, THENGODU P.O. 14. ELIYAMMA AUGUSTIAN, NAMBISSERY HOUSE, THENGODU P.O. R1 BY ADV. MR.C.K.KARUNAKARAN R2 BY ADV. MR.SHANAVAS KHAN R3 BY GOVERNMENT PLEADER SMT. K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.190 of 2009 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . This appeal is filed against an interim order passed by the learned single Judge appointing an Expert Commissioner. The main contention raised before us is that Commissioner was appointed on the basis of an application filed by the petitioner. But, the learned single Judge has very clearly stated that respondents 3 to 14 also to file work memos to the Expert Commissioner for ascertainment of any facts, which according to them is necessary in the circumstances. In these circumstances, we see no ground to interfere with the interim order. We make it clear that the directions in the interim order will not prevent the appellant from seeking any other remedies available according to law. Petitioner may, if he wants, get opinion from the PWD Engineers and file the same before the expert Commissioner. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks