IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 3752 of 2008(V) ------------------------------------- (OS.299/2005 OF MUNSIFF COURT, CHANGANACHERRY) .................... PETITIONER: ------------------- A.ANSARI, THAKIDIYIL HOUSE, PUZHAVATHU KARA, CHANGANASSERY VILLAGE. BY ADV. SRI.T.I.ABDUL SALAM. RESPONDENTS: ------------------------ 1. MATHEW DEVASIA, VAZHAPARAMBIL HOUSE, PERUNNA EAST MURIYIL, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK. 2. MARYKUTTY DEVASIA, VAZHAPARAMBIL HOUSE, PERUNNA EAST MURIYIL, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK. 3. OMANA THOMAS, VAZHAPARAMBIL HOUSE, PERUNNA EAST MURIYIL, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK. 4. CELIN THOMAS, VAZHAPARAMBIL HOUSE, PERUNNA EAST MURIYIL, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK. 5. KUNJAMMA DEVASIA, VAZHAPARAMBIL HOUSE, PERUNNA EAST MURIYIL, CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK. W.P.(C). NO.3752/2008-V: 6. MAMMEN THOMAS, UPPUKUNNEL HOUSE, VAZHAPPALLY WEST KARA, CHANGANACHERRY VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.3752 OF 2008 ===================== Dated this the 31st day of January 2008 JUDGMENT This writ petition is preferred to set aside Ext.P10 order. Ext.P8 is an application filed by the plaintiff and Ext.P10 is the order. The prayer is to issue a Commission and to depute a Taluk Surveyor for conducting a local inspection and ascertain the matters. I am informed that already a Commissioner has visited the property and has submitted a report. This Court had repeatedly held that it is not desirable to have successive issuance of a Commission in the very same suit and therefore on that ground alone, the said application cannot be entertained. Therefore, I direct the petitioner herein to move an appropriate application either for remittal or for setting aside the plan and report as he chooses to do and the court may consider the grounds stated therein and after calling for objections from other side dispose of the matter in accordance with law. I make it very clear that the dismissal of the application or the observations made by that court or in this judgment shall not be taken as a ground to reject the application which is to be filed by the WP(C) 3752/2008 -:2:- petitioner. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-