IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 689 of 2008(F) ------------------------------------- PETITIONERS: ---------------------- 1. R. NIRANJAN,MANKEEZHU VEEDU, MUTTATHARA, THIRUVANANTHAPURAM. 2. DEEPA K.S.,GEETHA BHAVANAM, CHETTIKULANGARA PO, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.B.JAYASURYA RESPONDENT: ------------------------ THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 689 OF 2008 --------------------- Dated this the 7th day of January, 2008 J U D G M E N T This writ petition is preferred against the order of the 1st Additional Subordinate Judge, Thiruvananthapuram, in IA 6358/07 in LAR 371/03. The said application is for issuance of a Commission to ascertain the actual extent acquired for the purpose of the road from the property belonging to the claimants. The court simply dismissed that application on the ground that it is filed after a period of seven years. 2. Heard both sides. I am at a loss to understand how it has calculated it as seven years when the acquisition is in 2002 and disposal is in 2007. Whatever it may be, the learned Subordinate Judge should have considered the matter on merits and then to decide the issue. Therefore, I set aside the order and direct the court below to consider the matter afresh after hearing both sides and find out whether it is legally permissible at this stage to find out the actual extent of property acquired from the petitioners. Both parties are directed to appear before the court below on 18.2.08. M.N.KRISHNAN, JUDGE vps