IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3935 of 2008(R) ------------------------------------- (OS.159/1972 OF SUB COURT,NEYYATTINKARA) .................... PETITIONER: ------------------- C.NAGAMMA, W/O.KUMARA SWAMI PILLAI, (ADDL.16TH DEFENDANT) OOTTUKUZHI VILAKOM PURAYIDOM KUNNATHUKAL VILLAGE, CERIAKOLLA DESOM VELLARADA PANCHAYAT. BY ADV. SRI.R.GOPAN. RESPONDENTS: ------------------------ 1. K.V.PURUSHOTHAMAN, KEZHARA VEEDU MELOOR VILLAGE, MELOOR DESOM MUKUNDAPURAM TALUK. 2. NAGAMMA ALIAS MALU PONNAMMA, OOTTUKUZHI VILAKAM PURAYIDOM, CHERIYAKOLLA DESOM, KUNNATHUKAL VILLAGE, VELLARADA PANCHAYAT. (DIED.LEGAL HEIR HER SON 6TH DEFENDANT) 3. MALU CHINNAMMA OF -DO -DO- (DIED) (LEGAL HEIR ADDITIONAL 7TH DEFENDANT) 4. MALU ESSAKKY OF -DO- -DO- 5. VELAYUDHAN PILLAI ESSANTHI MANGALATHU VEEDU, KEEZHURUKKU BHOOTHA PANDI, NAGARCOIL, KANYAKUMARI DIST. (DIED, LEGAL HEIRS OF ADDL.8,9,10,11 DEFENDANTS) W.P.(C). NO.3935/2008-R: 6. GANESAN PILLAI OF -DO- -DO- 7. PANDARA PILLAI KUMARASWAMI PILLAI, OOTUKUZHI VILAKOM PURAYIDAM OF -DO- -DO- 8. CHINNAMMA KOLAMMA,(ADDL.7TH DEFENDANT) OOTTUKUZHI VADAKKEPUTHEN VEEDU OF -DO- -DO- 9. MEENAKSHI CHELLAMMA,(ADDL.8TH DEFENDANT) KEEZHUTTU SANTHI MANGALATHU VEEDU OF -DO- -DO- 10. VELAYUDHAN PILLAI SHIVATHANU PILLAI (ADDL. 19TH DEFENDANT) OF -DO- -DO- 11. VELAYUDHAN PILLAI SWARNAMUTHU PILLAI (ADDL.10TH DEFENDANT) OF -DO- -DO- (MINOR) 12. VELAYUDHAN PILLAI MUTHUKRISHNA PILLAI (ADDL. 11TH DEFENDANT) OF -DO- -DO- (MINOR) 13. CHELLAMMA MUTHAMMA (MINOR) (ADDL.12TH DEFENDANT) OF -DO- -D0- (8TH DEFENDANT MEENAKSHI CHELLAMMA HAD APPOINTED AS GUARDIAN OF MINOR DEFENDANTS 10,11,12 IN THE APPEAL COURT. SHE IS THE MOTHER OF MINOR DEFENDANTS) 14. CHELLAMMA PILLAI NADARAJA PILLAI (ADDL.13TH DEFENDANT) OOTTUKUZHI ROADRIKATHU PUTHEN VEEDU KUNNATHUKAL VILLAGE, CHERUKOLLA DESOM 15. KOLAMMA CHANDRIKA (ADDL.14TH DEFENDANT) OF -DO- -DO- 16. KOLAMMA THANKOM (ADDL.15TH DEFENDANT) OF -DO- -DO- (ADDL.DEFENDANT 13 TO 15 ARE IMPLEADED AS PER ORDER ON E.A.NO.93/04 DATED 12.04.06) 17. RAJA RAJESWARI, (ADDL.17TH DEFENDANT) D/O.NAGAMMA OF -DO- -DO- OOTTUKUZHI VILAKOM PURAYIDOM, KUNNATHUKAL VILLAGE CERIAKOLLA DESOM, VELLARADA PANCHAYAT. 18. BHUVANESWARI, (ADDL.18TH DEFENDANT) D/O.NAGAMMA OF -DO- -DO- W.P.(C). NO.3935/2008-R: 19. AMBIKA, (ADDL.19TH DEFENDANT) D/O.NAGAMMA OF -DO- -DO- 20. CHANDRIKA, (ADDL.20TH DEFENDANT) D/O.NAGAMMA OF -DO- -DO- 21. SREEMURUKAN, (ADDL.21ST DEFENDANT) S/O.KUMARA SWAMI PILLAI OF -DO- -DO- 22. GOPAKUMARAN, (ADDL.18TH DEFENDANT) S/O.KUMARA SWAMI PILLAI OF -DO- -DO- (LEGAL HEIRS OF DECEASED 6TH DEFENDANT IS IMPLEADED AS PER ORDER IN E.A.NO.392/2006 DTD. 23.01.2007). BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 3935 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Neyyattinkara in E.A.446/07 in E.P.7/94 in O.S.159/72. The learned counsel for the writ petitioner submits the said application is filed seeking the permission to examine some of the witnesses in connection with the application filed for setting aside the Commissioner's report. The Court disposed of the matter holding that the said application for permission to examine witnesses will be considered by the Court after examination of the Commissioner and the surveyor. Or in other words, the Court has not taken a decision on that application yet. It may not be proper for this Court to allow that application in a petition under Section 227 of the Constitution of India. Therefore I direct the Court below to proceed with the matter by examining the Commissioner and surveyor and then W.P.C 3935 OF 2008 -:2:- consider the application for permission to examine the witnesses cited and in case the Court finds that it is not permissible, then I direct the Court to defer further evidence in the matter by a period of one week or 10 days and issue emergent copy of the order to the party so that he can move the appropriate authorities for getting reliefs in accordance with law. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-