IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 28445 of 2007(J) ------------------------------------- PETITIONERS: ------------------- 1. PADMAKSHA AMMA, AGED 61, W/O RAMAKRISHNAN NAIR, PADMA BHAVAN, VENCHEMPUMURI, KARAVALOOR VILLAGE, PATHANAPURAM, KOLLAM. 2. RAMAKRISHNAN NAIR, AGED 66, PADMA BHAVAN, VENCHEMPUMURI, KARAVALOOR VILLAGE, PATHANAPURAM, KOLLAM. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ---------------------- KUNJUNNI PILLAI, MONEY BHAVAN, VENCHEMPU MURI, KARAVALOOR VILLAGE, PATHANAPURAM, KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 28445 OF 2007 = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Punalur whereby the Court has dismissed I.A.378/07 in O.S.55/07. The prayer in the application was to remove the barbed wire fencing which according to the petitioner therein had obstructed the passage. A petition was filed to remove the same and along with it some photographs were produced. The Court below found that accepting a photograph without negative is not admissible in law and therefore rejected the prayer. Now, I am informed by the learned counsel for the writ petitioners that they have moved an application for issuance of a Commission as I.A.1517/07 for the purpose of eliciting factors including the barbed wire fencing which is pending consideration before that Court. Even if a fresh Commission cannot be issued under the facts and circumstances, the Court can certainly remit the W.P.C 28445 OF 2007 -:2:- Commissioner's plan and report to get these particulars. Therefore, I direct the Court below to dispose of I.A.1517/07 after hearing both sides within a time frame of three weeks from today. With these observations this writ petition is disposed of. M.N. KRISHNAN, JUDGE. ul/-