IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 7132 of 2009(O) ------------------------- AGAINST THE ORDER IN IA 7605/2008 IN OS.1339/2007 of II ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): PETITIONERS: ---------------------------------------------- 1. KRISHNAMMA, W/O.LATE MOHANA CHANDRAN, T.C.4/2512, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM. 2. JAYAKRISHNAN, S/O.LATE MOHANA CHANDRAN, T.C.4/2512, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM. 3. ANJANA, D/O.LATE MOHANA CHANDRAN, T.C.4/2512, MARAPPALAM, EAST PATTOM, THIRUVANANTHAPURAM. BY ADVS. MR.L.MOHANAN, SMT.LIGEY ANTONY. RESPONDENT(S): COUNTER PETITIONER: ----------------------------------------------------------------- SARATH CHANDRAN, S/O.MADHAVAN, MADHAVA MANDIRAM, T.C.4/2512, MARAPPALAM, PATTOM P.O., KOWDIAR VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.A.B.MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7132/2009 O APPENDIX PETITIONER'S EXHIBIT: P1: COPY OF THE ORDER DTD. 10/11/2008. RESPONDENT'S EXHIBITS: R1(A): COPY OF DECREE IN O.S.NO.1274/1997 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.7132 OF 2009 (O) ----------------------------------- Dated this the 22nd day of June, 2009 J U D G M E N T The writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: i. to issue a writ of certiorari or other appropriate writ order or direction calling for there cords leading to Ext.P1 and to set aside the same as illegal. ii. to grant such other reliefs that the petitioner may ask for and those which this Honourable court deems fit and necessary in the interests of justice. 2. The defendants in O.S.No.1339/2009 on the file of the II Additional Munsiff court, Thiruvananthapuram are the petitioners and the plaintiff, the respondent. The respondent instituted the above suit for a decree of perpetual prohibitory injunction, in which, it is stated the defendants raised a WPC.7132/09 2 counter claim for fixation of boundary. After the issues were settled, a Commission was taken out and a report was filed before the court. Thereafter, the petitioners/defendants moved an application for appointment of another Commission, which was objected to by the plaintiff, and the learned Munsiff after hearing both sides, finding that already there is a commission report before the court, dismissed that application. Ext.P1 is the copy of that order. Propriety and correctness of that order is challenged by the petitioners filing this writ petition invoking the supervisory jurisdiction of this Court vested under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioners. Having regard to the submissions made and the facts and circumstances presented, I find that the this Court need not go into the merits of the case set forth by the rival side in support of their respective cases. I do not find any impropriety or illegality in the order passed by the learned Munsiff that once a commission report is filed, without examining its merits and entering a finding that it is liable to WPC.7132/09 3 be set aside, no second commission can be issued. That position is well settled in Swami Premananda Bharathi v. Swami Yogananda Bharathi (1985 KLT 144). Writ petition is devoid of any merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009