IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 7402 of 2008(F) --------------------------------- PETITIONER: -------------------- CHACKO SEBASTIAN, NIRANAM KUNNEL, VELICHIYANI, PARATHODE P.O.(VIA), KANJIRAPPALLY, KOTTAYAM. BY ADV. SRI.V.R.GOPU SRI.P.J.SABASTIN RESPONDENTS: ----------------------- 1. THE SECRETARY, LAND BOARD, TRIVANDRUM. 2. THE CHAIRMAN, TALUK LAND BOARD (RDO), THALASSERY. BY GOVERNMENT PLEADER, SRI.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7402 of 2008(F) -3- APPENDIX PETITIONER'S EXHIBITS EXT.P1 - TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 22.6.1999 EXT.P2 - TRUE COPY OF THE ORDER IN C.R.P. NO. 300/2000 DATED 15.2.2006. EXT.P3 - TRUE COPY OF THE EXTENSION PETITION I.A. NO. 1810/07 IN C.R.P. NO. 303/00. EXT.P4 - TRUE COPY OF THE ORDER OF THE HIGH COURT IN I.A.NO. 1810/2007 DATED 3.10.2007. EXT.P5 - TRUE COPY OF THE COMMISSION APPLICATION DATED 24.12.2007. EXT.P6 - TRUE COPY OF THE ORDER IN I.A. NO. 59/08 IN C.R.P. NO. 303/00 DATED 25.1.2008. EXT.P7 - TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 6668/2008 DATED 26.2.2008. EXT.P8 - TRUE COPY OF THE AFFIDAVIT FILED BY THE KURUVILA SEBASTIAN DATED 27.2.2008. EXT.P9 - TRUE COPY OF THE ORDER OF 2ND RESPONDENT TLB 5/01/TLY DATED 29.2.2008. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.7402 of 2008 ================== Dated this the 4th day of August, 2008. J U D G M E N T The petitioner challenges Ext.P9 order passed by the 2nd respondent, rejecting the application of the petitioner for appointing a Commission to ascertain certain facts relating to the property in question. 2. I am of opinion that if the petitioner has a grievance against Ext.P9 order, challenge against the same also can be taken up while challenging the final order to be passed by the 2nd respondent in the proceedings in which Ext.P9 order has been passed. In the above circumstances, the petitioner submits that the respondents may be directed to give the petitioner an opportunity to adduce evidence in the S.M. proceedings itself in support of his case. Accordingly, this writ petition is disposed of with a direction to the respondent, to see that adequate opportunity is given to the petitioner to adduce evidence if W.P(C)No.7402 of 2008 - 2 - the petitioner so desires, for which the petitioner shall file a suitable application. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs