IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WA.No. 2072 of 2009 --------------------- AGAINST THE ORDER IN WPC.10799/2009 Dated 28/08/2009 .................... APPELLANTS/RESPONDENTS IN WPC: ----------------------------------------- 1. DIVISIONAL FOREST OFFICER, NENMARA, PALAKKAD DISTRICT. 2. THE VILLAGE OFFICER, MUTHALAMADA I, CHITTOOR TALUK. BY SRI.P.M. POULOSE,SPL.GP FOR FOREST RESPONDENT/PETITIONER IN WPC: --------------------------------------- P.P. SREENIVASAN, PROPRIETOR, PRIYANKA PLANTATION, ORAVAMPADY, THEKKADY, MUTHALAMADA, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SHRI.BABBY RAJAN, AGED 33, S/O.MALIAKKAL RAJU, MALIAKKAL HOUSE, MUKUNDAPURAM TALUK, EAST CHALAKKUDY VILLAGE. BY ADV. SRI.DINESH R. SHENOY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2072 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the interim order passed by the learned Single Judge, appointing an Advocate Commissioner in order to have sufficient material before him to decide the main issued in question, the present appeal is filed by the State. 2. Basically the jurisdiction of the Court to appoint an Advocate Commissioner is discretionary in the facts and circumstances if necessary to resolve the entire dispute between the parties. In the light of the conflicting contentions raised, the learned Single Judge, in our view, has rightly directed to appoint an Advocate Commissioner to inspect the properties in dispute and submit a report. If the appellant is aggrieved by the same, it is always open for him to object for the same and substantiate his objections in the writ petition itself. Hence, in our view, as no prejudice is caused to the appellant and as the appointment of the WA No.2072 of 2009 -:2:- Advocate Commissioner is in the interest of justice to sub serve justice, we do not find any merit in the contention. Therefore, the Writ Appeal is dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku.