IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 3468 of 2008(K) ------------------------------------ AGAINST THE ORDER IN IA 3052/07 IN LAR.353/2000 OF PRL.SUB COURT, KOZHIKODE .................... PETITIONER: ------------------ M.K. UNNIKRISHNAN, AGED 64 YRS, S/O. JANAKI AMMA, MOOLAMVELLI KEEZHILLATH HOUSE, PUTHIYANGADI VILLAGE, EDAKKADU DESOM OF KOZHIKODE DIST. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: --------------------- 1. THAYYIL PANKAJAVALLI AMMA, W/O. BALAKRISHNAN NAIR, PANKAJA NIVAS, KURUKKAYIL PARAMBA, PUTHIYANGADI VILLAGE, EDAKKADU DESOM. 2. THE SPECIAL TAHSILDAR (LA), KOZHIKODE, VENGERI AMSOM DESOM, CIVIL STATION, KOZHIKODE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.3468 OF 2008 ===================== Dated this the 29th day of January 2008 JUDGMENT This writ petition is preferred against the order of the Sub Court, Kozhikode in I.A.No.3052 of 2007 in LAR No.353 of 2000. The petitioner moved an application for setting aside the Commissioner's plan and report and he wanted to examine the Commissioner and the Surveyor for the said purpose. The court below allowed that application and directed the petitioner to take out summons as well as deposit bata. The petitioner paid the process for taking out summons, but he did not deposit the bata as ordered. Therefore the court below dismissed the application. I do not want to deprive an opportunity to the petitioner to examine the Commissioner and the Surveyor especially when he wants to set aside the Commissioner's plan and report. WP(C)No.3468 of 2008 -:2:- Therefore, I direct the court below to permit the petitioner to deposit the bata calculated by the office within 10 days from today and fix a date for appearance of the Commissioner and the Surveyor, examine them and dispose of the matter in accordance with law. Till that time, the court shall not proceed with the trial of the case. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-