IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 15407 of 2009(O) -------------------------- OS.8/2004 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): ------------------------- MAMMEN MATHEW, S/O.K.M.MATHEW, AGED 63 YEARS, EDITOR, MALAYALA MANORAMA DAILY, KOLLAM. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE, MR.MILLU DANDAPANI. RESPONDENT(S): --------------------------- 1. DR.THOMAS ISAAC, S/O.T.P.MATHEW, AGED 51 YEARS, M.L.A., A.K.G.CENTRE, PALAYAM, THIRUVANANTHAPURAM. 2. SHRI.S.SUDHEESH, S/O.(FATHER'S NAME NOT KNOWN), AGED AROUND 53 YEARS, LECTURER, DEPARTMENT OF ENGLISH, S.N.COLLEGE, KOLLAM, PIN-691 001 AND RESIDING AT `GAYA', PATTATHANAM, KOLLAM, PIN-691 021. 3. SHRI.P.V.CHANDRAN, MANAGING DIRECTOR, MATHRUBHOOMI DAILY, KOZHIKODE. R1 BY ADVS. MR.ASOK M.CHERIAN, MR.K.R.VINOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.15407 of 2009 - O --------------------------------- Dated this the 22nd day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of of the constitution of India seeking the following reliefs: “1) To call for the records leading to the case and issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibit P2. 2) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the Principal Sub Court, Ernakulam, to consider and pass orders, afresh, in Exhibit P1 application in accordance with law, after affording adequate opportunity to the writ petitioner and other contesting defendants in the suit, O.S.NO.8/2004, and hearing the counsel for the contesting defendants, including that of the writ petitioner.” 2. Petitioner is the third defendant in O.S.No.8/2004 on the file of the Principal Munsiff Court, Ernakulam. Suit is one for damages, and the first respondent is the plaintiff. Petitioner, second and third respondents are the defendants W.P.(C).No.15407 of 2009 - O 2 in the suit. The grievance canvassed by the petitioner in the petition is that an application for appointment of a commission, Ext.P1, moved by the first respondent/plaintiff in the suit was disposed of by the learned Sub Judge without providing an opportunity to the petitioner and other defendants to raise their objections. Ext.P2 is the copy of that order. The learned counsel for the petitioner further submits that on a previous occasion a similar application was moved and that was dismissed after taking into consideration objections raised by the defendants. After perusing Ext.P2 order and hearing the submissions of the counsel on both sides, I find the learned sub Judge should have given an opportunity to the defendants to file written objections to the application for appointment of commission. Without giving them an opportunity to raise objections to the application moved by the plaintiff, which is stated to have been filed on 26.5.2009, was heard and disposed on the next day. Ext.P2 order is set aside and the learned Sub W.P.(C).No.15407 of 2009 - O 3 Judge is directed to dispose Ext.P1 application after affording an opportunity to the defendants to file their objections. Parties are directed to appear before the court below on 29.6.2009 and before that date the defendants shall file their objections to Ext.P1 application and serve copy to the counsel for the plaintiff. Learned Munsiff shall hear and dispose of Ext.P1 application as expeditiously as possible, preferably, on 29.6.2009 itself if he is not having any impediment to do so in view of the pressure from other pending cases. I make it clear that setting aside Ext.P2 order is solely for the reason of non-providing of opportunity to file objections to the opposite party, and that alone, and the court has to dispose the application afresh on its merit. The writ petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-