IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4108 of 2008(L) ------------------------- CMA.42/2006 of ADDL.SUB COURT, IRINJALAKUDA IA.114/2008 IN OS.1954/2005 of ADDL.M.C.,IRINJALAKUDA .................... PETITIONERS: ------------ 1. GOPALAKRISHNAN KARTHA @ UNNI, SECRETARY, MULLORLI MAHAVISHNU TEMPLE, NELLAYI P.O. AND VILLAGE, THRISSUR DISTRICT. 2. RAJAN, PRESIDENT, MULLORLI MAHAVISHNU TEMPLE, NELLAYI P.O. AND VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENTS: ------------- 1. RENUKA, W/O. KARANATH SUKUMARAN, NELLAYI P.O. AND VILLAGE, THRISSUR DISTRICT. 2. SUKUMARAN, S/O. KARANATH UNNYEPPAN, NELLAYI P.O. AND VILLAGE, THRISSUR DISTRICT. BY ADV. SRI. RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO 4108/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF ORDER DT. 30.9.06 ON IA 2115/06, 2026/06 AND 2120/06 IN OS 1954/05 IN THE COURT BELOW EXT.P2. COPY OF JUDGMENT DT. 5.9.07 IN CMA 42/2006 IN THE COURT OF THE ADDITIONAL SUBJUDGE, IRINJALAKUDA EXT.P3. COPY OF IA 114/08 IN THE COURT BELOW EXT.P4. COPY OF OBJECTION TO EXT.P3 EXT.P5. COPY OF ORDER DT. 23.1.08 /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4108 OF 2008 --------------------- Dated this the 5thday of February, 2008 JUDGMENT This writ petition is preferred against the order of the Additional Munsiff, Irinjalakuda, in IA 114/2008 in OS 1954/05. 2. The prayer in the IA 114/2008 is to appoint a Commissioner to note that the temple festival is conducted in the 18 cents of land belonging to the Temple and that they do not trespass into the plaint schedule property and that they should not construct any shed or other improvements. It is also averred that they do not also violate the order in IA 17/07. On the said prayer what the court has ordered is to appoint a Commissioner. I am afraid that this order does not disclose what has to be done by the Commissioner. When the court appoints a Commissioner, the court is bound to give directions about what all things are to be done by the Commissioner. Otherwise, it will only lead to creation of law and other problems. Therefore, I set aside the order and direct the Munisff, Irinjalakuda, to pass an order specifying what all has to be done by the Commissioner, after hearing other side. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps