IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 523 of 2008(K) ------------------------ AGAINST THE ORDER DATED 7/11/07 IN EA.223/07 IN EP.68/01 IN OS.367/1994 of SUB COURT, PALA .................... PETITIONER: ------------ P.J. BABY, AGED 55, S/O. JOSEPH, PUTHIYAPARAMBIL, ERATTUPETTA KARA, ERATTUPETTA VILLAGE, ARUVITHURA P.O.,ERATTUPETTA, KOTTAYAM DISTRICT-686122. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: ------------- 1. ROSAMMA, W/O. LATE ULAHANNAN, PUTHIYAPARAMBIL, RESIDING AT KOCHUPARAYIL HOUSE, KALATHUKADAVU, THALAPALAMKARA,THALAPALAM VILLAGE. 2. ANNAMMA @ MOLLY, W/O. ISSAC, PUTHIYAPARAMBIL, RESIDING AT KOCHUPARAYIL HOUSE, KALATHUKADAVU, THALAPALAMKARA,THALAPALAM VILLAGE. 3. MARY, W/O. JOSE, CHERAYATH, ERATTUPETTA KARA,ERATTUPETTA VILLAGE. BY ADV.SRI.SEBASTIAN DAVIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.523/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF 1ST REPORT WITH THE SURVEY PLAN SUBMITTED BY THE COMMISSIONER BEFORE SUB COURT, PALA. EXT.P2: TRUE COPY OF 2ND REPORT WITH THE SURVEY PLAN SUBMITTED BY THE COMMISSIONER BEFORE SUB COURT, PALA. EXT.P3: TRUE COPY OF THE OBJECTION OF THE PETITIONER TO EXT.P2. EXT.P4: TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 14.12.2006 IN W.P.(C)NO. 31896/06. EXT.P5: TRUE COPY OF THE ORDER OF SUB COURT, PALA DATED 3.2.2007. EXT.P6: TRUE COPY OF THE 3RD REPORT SUBMITTED BY THE COMMISSIONER WITH MEMO. EXT.P7: TRUE COPY OF THE PLAN SUBMITTED BY THE COMMISSIONER ALONG WITH EXT.P6. EXT.P8: TRUE COPY OF THE OBJECTION OF THE PETITIONER TO EXTS.P6 AND P7 DATED 17.8.07. EXT.P9: TRUE COPY OF THE FIELD MAP SUBMITTED BY THE PETITIONER. EXT.P10: TRUE COPY OF THE ORDER IN E.A.NO.223/07 IN E.P.68/01 IN O.S.NO.367/94 OF SUB COURT, PALA. EXT.P11: TRUE COPY OF THE ORDER IN E.A.NO.261/07 IN E.P.68/01 IN O.S.NO. 367/94 OF SUB COURT, PALA. EXT.P12: TRUE COPY OF THE ROUGH SKETCH SUBMITTED BY THE PETITIONER. EXT.P13(A): TRUE COPY OF THE ROUGH SKETCH SUBMITTED BY THE RESPONDENTS. EXT.P13(B): TRUE COPY OF THE ROUGH SKETCH SUBMITTED BY THE RESPONDENTS. TRUE COPY M.N.KRISHNAN, J. ---------------------- W.P.(C)No.523 OF 2008-K ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is filed to set aside the order of the Subordinate Judge, Pala in E.A.No.223/07 in E.P.No.68/01 in O.S.No.367/94 dated 7.11.2007 to the extent the same denied the prayer of the petitioner for appointing a fresh advocate commissioner and also for issuance of a fresh commission. 2. Heard both sides. I am informed by the learned counsel for both sides that already there were three Commissioner's plans and report which all had been set aside. It is also contended that the commissioner's plan and report is must for a proper disposal of the matter. I earnestly hope now, at least the problem can be resolved by directing the Court below to appoint a senior advocate as commissioner with a direction to him to complete the work as expeditiously as possible and also giving special direction to the revenue authorities to make available the service of the Taluk Surveyor so that further proceedings need not be protracted. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE. dsn