IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 8488 of 2008(I) ------------------------- I.A. NO.237/08 IN OS.419/2004 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER: ------------ PRASADAN, S/O.LAKSHMANAN, AGED 47 YEARS P.V. NIVAS, ULIYANADU, CHIRAKKARA VILLAGE KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT: ------------- LATHIKA DEVI, D/O.MADHAVAN PARAYIL VEEDU, ULIYANADU, CHIRAKKARA VILLAGE KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No. 8488 of 2008 ------------------------------------------- Dated this the 13th day of March, 2008 JUDGMENT This writ petition is filed with a prayer to set aside the order passed in I.A.No.237/08 in O.S.No.419/04 of the Principal Subordinate Judge, Kollam. 2. The suit is one for claiming damages. It relates to quarrying of stones. The defendant knows about the contention in the case. The suit is instituted in the year 2004. He has not moved his little finger till day for the issuance of a Commission and the matter is now listed for trial. The court below dismissed the application filed by the defendant for issuance of a Commission. In the matter, there is already a report submitted by the geological department. If the present writ petitioner wants to challenge it, he can adduce evidence to show how it is incorrect to prove that the contention raised by the plaintiff is not sustainable. 3. At this belated stage, it is not proper to issue a Commission for protracting the litigation. Further this is not a WPC 8488/08 2 case which is to be entertained under Article 227 of the Constitution of India being a writ petition against an interlocutory order. Therefore the The writ petition is dismissed. M.N.KRISHNAN, JUDGE csl