IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 28TH SEPTEMBER 2007 / 6TH ASWINA 1929 FAO.No. 92 of 2007() -------------------- AGAINST THE ORDER DATED 19/02/2007 IN IA 35/2007 IN OS.2/2007 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/IST RESPONDENT/DEFENDANT ----------------------------------- SANAL KUMAR KANISSERY, S/O.LATE M.A.NARAYANA MENON, AGED 48, CHIEF EXECUTIVE, GRANDEUR HOMES, G-412, PANAMPILLY NAGAR, COCHIN-36. BY ADV. SRI.S.SREEKUMAR SRI.K.M.MOHAMMED KUNHI RESPONDENTS: PETITIONER-PLAINTIFF AND 2ND RESPONDENT ---------------------------------------------------- 1. E.K.BABU, S/O.LATE E.K.KARUNAKARAN VAIDYAR, 29/3225-A, NEAR GANDHI SQUARE, SREE POORNATHREYEESA TEMPLE ROAD, TRIPUNITHURA, COCHIN-17. 2. CHIEF ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, GANDHI NAGAR, COCHIN-31. R2 BY STANDING COUNSEL SRI.M.K.CHANDRA MOHANDAS R1 BY ADV.SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN SMT.PARVATHY SANJAY THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 28/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- F.A.O.NO.92 OF 2007 -------------------------------- Dated this the 28th day of September, 2007 O R D E R Raman, J. A detailed order was passed by a Division Bench of this Court on 24th day of April, 2007, whereby Advocate Smt. Parvathy Sanjay was appointed as the Commissioner and directions were also issued regarding the work to be completed under the supervision of the Commissioner. The entire work as directed in the said order has since been completed and the Commissioner has filed a report. No objection is filed thereto. We have considered the report and the Commissioner's report is accepted. At the time of appointment an amount of Rs.25,000/- was fixed as the initial remuneration of the Commissioner, which was paid. Considering the nature of the work undertaken by the Commissioner we find that the Commissioner had to visit the property regularly so as to complete the works within a time frame and the Commissioner was able to complete the work to the satisfaction of both sides. We direct that an amount of Rs.25,000/- (Rupees twenty five thousand) more be paid by the appellant directly to the Commissioner, as additional remuneration for the work. The same be paid within two weeks. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv. -2- P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- F.A.O.NO.92 OF 2007 -------------------------------- Dated this the 28th day of September, 2007 JUDGMENT Raman, J. This appeal arises out of an order passed by the trial court in I.A.No.35/2007 in O.S.No.2/2007. The suit is still pending. In the said I.A. an interim injunction was granted and extended until the completion of remedial measures of trenches, as stated in Ext.C1 report, is provided to all sides of the plaint B schedule and also getting consent from 2nd respondent. 2. In view of the specific direction issued by this Court and the Commissioner having completed the work, there is nothing further to be done pursuant to the interim order passed by this Court. Accordingly, the order of injunction is vacated. Appeal is closed as infructuous. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.