IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30127 of 2008(J) -------------------------- OS.415/2000 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER: -------------------- MAKKAYIL THYKANDY BALAKRISHNAN, RESIDING AT THOKORODI NILAM, PARMABA, S/O.CHERIYA KELAPPAN, AGED 50 YEARS, NALLALAM AMSOM DESOM. BY ADV. SRI.NIRMAL. S RESPONDENTS: ------------------------- 1. IYYATERI SREENIVASAN, AGED 45 YEARS, PANNIANKARA AMSOM, DESOM. 2. MAKKAYIL PRAVEEN, S/O.AYYAPUTTY, AGED 46 YEARS, NALLALAM AMSOM DESOM. 3. MAKKAYI AMBUJAKSHI BALAKRISHNAN, AGED 44 YEARS, RESIDING AT THOKORODI NILAM, PARAMBA, S/O.CHERIYA KELAPPAN, NALLALAM AMSOM DESOM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J -------------------------- W.P.(C) No. 30127 OF 2008 -------------------------------------------- Dated this the 14th day of October, 2008 J U D G M E N T This writ petition is preferred to set aside Ext. P4 order. It was an application filed for setting aside the Commissioner's plan and report. The Commissioner was examined. But the court below found that there are no grounds to set aside the report. The way in which the application has been considered does not appear to be satisfactory and the grounds alleged for setting aside the Commissioner's plan and report has not been adverted to and orders passed. The court just refers to the evidence of CW1 and finds that there is no need to set aside the report. I feel such an approach is erroneous. It is certain that the petitioner should have examined himself to substantiate the contentions for setting aside the Commissioner's plan and report. Therefore I feel, following directions can be given. 1. The Writ Petitioner is permitted to adduce evidence in support of his objections against Commissioner's report and if the court is satisfied that there is mistake in the Commissioner's report which W.P.(C) No. 30127/2008 -2- requires to be corrected or set aside, the court at the stage of trial is directed to consider and pass appropriate orders. 2. To enable the writ petitioner to get ready with the evidence, the court below is directed to defer the trial by two weeks. Writ Petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. vkm