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. 30082 of 2008(F) -------------------------- OS.182/2006 of PRL.M.C.KOZHIKODE-I .................... PETITIONERS/ PETITIONERS 1 & 2/ DEFENDANTS 1 & 2 -------------------------------------------------------------- 1. ALIGN BUILDER, INTERCITY ARCHADE, NEAR MARCUS COMPLEX, CALICUT, REPRESENTED BY ITS MANAGING PARTNER, M.S. SALIM, KALATHINKUNNU AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. 2. M.S. SALIM, AGED 43 YEARS, S/O M.SHEIK EBRAHIM SAHEB, MANAGING PARTNER OF ALIGN BUILDERS, KASABA AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS/ RESPONDENTS/PLAINTIFF AND 3RD DEFENDANT ----------------------------------------------------------------------- 1. C.V.KURIAKOSE, S/O VARKEY, AGED 40 YEARS, RESIDING AT KOTTULI AMSOM, AND PARAYANCHERI DESOM, KOZHIKODE TALUK, 2. KOZHIKODE CORPORATION, REP. BY ITS SECRETARY NAGARAM AMSOM DESOM, KOZHIKODE TALUK. ADV. SRI.K.D.BABU, SC FOR KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). No. 30082 OF 2008 --------------------- Dated this the 14th day of October, 2008 JUDGMENT This writ petition is preferred with a prayer to set aside Ext.P3 order. An application was also filed for setting aside the Commissioner's report. But the court below instead of setting it aside directed the Commissioner to reinspect the property on the objections raised by the writ petitioners and to submit a report with the assistance of the engineer, who had helped the Commissioner previously. I do not find any ground to interfere with that decision at this stage. Therefore, I dispose of the writ petition reserving the right of the present writ petitioners to adduce evidence against the Commissioner's report after it is submitted including the objections which they had raised for setting aside the Commissioner's report. M.N.KRISHNAN, JUDGE vps 2