IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 8716 of 2008(K) ------------------------- I.A.No.168/08 OS.25/2008 of PRL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONER/1ST DEFENDANT: --------------------------------- BHARAT SANCHAR NIGAM LIMITED A GOVERNMENT OF INDIA ENTERPRISE, REPRESENTED BY DEPUTY GENERAL MANAGER (NET PLANNING),RTP BUILDING LUKES LANE, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.C.S.RAMANATHAN RESPONDENTS/PLAINTIFF & 2ND DEFENDANT: ---------------------------------------------------- 1. VISWAMBARAN, USHA NIVAS, KIDANGIL VEEDU, MUKKOLA, THIRUVANANTHAPURAM. 2. PRASANNAN, TOP INDIAN HARDWARE SHOP, JIGU BUILDING, MUKKOLA, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 8716 OF 2008 --------------------- Dated this the 14th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to set aside Ext.P8 whereby the court has appointed an Engineer as an expert commissioner. The subject matter of the suit is with respect to the erection of a tower of the BSNL for mobile phones. It is contended by the BSNL that the matter is squarely covered by the decision of this court and that the suit in the civil court is not maintainable. So when the very maintainability of the suit is challenged, it is only desirable that before passing of any interim order in the matter, the matter be heard and decided regarding the maintainability and then to pass some consequential orders. Therefore, I set aside the order of the learned Munsiff with a direction to consider about the maintainability of the suit and if necessary, pass appropriate orders after hearing both sides in IA 168/08. M.N.KRISHNAN, JUDGE vps