IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 17TH AUGUST 2007 / 26TH SRAVANA 1929 WP(C).No. 18713 of 2006(C) -------------------------- AGAINST THE ORDER IN IA.2273/2005 IN OS.497/2002 of MUNSIFF COURT,KAYAMKULAM .................... PETITIONER: ------------- K.K.DEVARAJAN, KARUNALAYAM, CHIRAKKADAVOM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT: -------------- KAYAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.R.RAYA SHENOY SRI.R.PRASANTH KUMAR SRI.K.G.RAJAPPAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 18713 OF 2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE PETITION FILED BY THE PETITIONER FOR THE APPOINTMENT OF THE COMMISSIONER. EXT.P2 : TRUE COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER. EXT.P3 : TRUE COPY OF THE PETITION FILED BY THE RESPONDENT AS IA NO.2273/05. EXT.P4 : TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE P3 APPLICATION. EXT.P5 : TRUE COPY OF THE ORDER DT.16.02.06 IN IA NO.2273 OF 2005. /TRUE COPY/ PA TO JUDGE PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 18713 OF 2006 ----------------------------------- Dated this the 17th day of August, 2007 JUDGMENT Mr.Raya Shenoy, counsel for the Municipality seeks time to file a counter affidavit. The strenuous submissions of Mr.P.Sreekumar notwithstanding, I am unable to agree that Ext.P5 is vitiated to the extent of justifying interference by this Court under the supervisory jurisdiction under Article 227. But, at the same time, I find force in the submission of Mr.Sreekumar that it was not proper on the part of the Munsiff in allowing the appointment of another advocate to conduct the inspection, since the commissioner appointed earlier has filed a detailed report which is yet to be set aside by the court. Thus, even as I approve Ext.P5, I modify the same by directing the learned Munsiff to appoint the very same commissioner who has already filed a report. PIUS C. KURIAKOSE, JUDGE btt WPC 2