IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 25467 of 2006(F) -------------------------------------- PETITIONER: ------------------- S. RAJAGOPAL, S/O. SUBBAYYAN, AGED 56 YEARS, PROPRIETOR, M/S. KALPAKA JEWELLERY, T.C.39/121, CHALAI BAZAR, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA, SRI.M.S.KALESH, SRI.M.R.SARIN, SRI.HARISH GOPINATH, SRI.V.VINAY MENON, SRI.KIRAN SANKAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,GOVT.OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CITY CORPORATION OF TRIVANDRUM, REPRESENTED BY ITS SECRETARY,CORPORATION BUILDINGS THIRUVANANTHAPURAM. 3. MEERA HUSSAIN, T.C.39/122, HASSAN BROTHERS, CHALAI, THIRUVANANTHAPURAM. 4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN.- R2, SRI.J.S.AJITHKUMAR - R3 SRI.VINOD MADHAVAN (ADV. COMMISSIONER). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25467/2006-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROFESSIONAL TAX RECEIPT ISSUED BY THE R.2. TO THE PETITIONER IN RESPECT OF HIS JEWELLERY BUSINESS. EXT.P.2: COPY OF THE SUBSCRIPTION RECEIPT ISSUED BY THE KERALA VYAPARA VYAVASAYA SAMITI, CHALAI, TRIVANDRUM FOR THE ANNUAL SUBSCRIPTION. EXT.P.3: COPY OF THE COMPLAINT DTD. 25/04/2005 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE ACKNOWLEDGEMENT RECEIPT DTD. 26/04/2005 ISSUED BY THE CORPORATION AUTHORITIES ACKNOWLEDGING THE RECEIPT OF EXT.P.3. COMPLAINT. EXT.P.5: COPY OF THE POSTAL RECEIPT EVIDENCING THE EXT.P.3. COMPLAINT SENT BY REGISTERED POST. EXT.P.6: COPY OF THE POSTAL ACKNOWLEDGEMENT EVIDENCING THE RECEIPT OF EXT.P.3. COMPLAINT BY THE CORPORATION AUTHORITIES. EXT.P.7: COPY OF THE COMPLAINT DTD. 14/05/2005 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.8: COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXT.P.8 COMPLAINT TO THE R.2. BY THE PETITIONER. EXT.P.9: COPY OF THE JUDGMENT DTD. 18/05/2005 IN W.P.(C). NO. 14838/2005. EXT.P.10: COPY OF THE ORDER DTD. 25/07/2005 ISSUED BY THE R.2. EXT.P.11: COPY OF THE ORDER DTD. 29/06/2006 IN APPEAL NO. 754/2005. ADVOCATE COMMISSIONER'S EXHIBITS: EXT.C.1: NOTICE OF INTIMATION OF INSPECTION SIGNED BY COUNSELS FOR PETITIONER AND R.3. EXT.C.2: WORK MEMO, DTD. 14/02/2008 SUBMITTED BY COUNSEL FOR PETITIONER. EXT.C.3: WORK MEMO, DTD. 15/02/2008 SUBMITTED BY COUNSEL FOR R.3. EXT.C.4: PHOTOGRAPH OF FRONT VIEW OF BUILDINGS OF PETITIONER AND R.3. EXT.C.5: PHOTOGRAPH OF INTERIOR OF THE SHOP OF PETITIONER. EXT.C.6: PHOTOGRAPH OF IRON BEAMS IN THE WESTERN SIDE OF THE SHOP OF THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.25467 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2008 ORDER Heard Sri.R.S.Kalkura, counsel for the petitioner, Sri.N.Nandakumara Menon, senior counsel for the Corporation and Sri.J.S.Ajith Kumar, counsel for the party respondent for some time. One of the controversies which cropped up during the course of submissions is whether the party respondent has now made a double storied construction. While Sri.R.S.Kalkura asserted that what has now been put up is a double storied construction, Sri.J.S.Ajith Kumar asserts that as per the instructions received by him, the construction continues to be a single storied one. To resolve the above controversy and other controversies which are involved in this case, in my opinion a report on the basis of local inspection conducted by an Advocate Commissioner appointed by this court will be of considerable assistance. Accordingly, Adv.Vinod Madhavan of this court is appointed as Commissioner for conducting local inspection and for filing report. Both sides are permitted to submit work memos WPC.No.25467/08 2 before the Commissioner. The Commissioner will conduct inspection with notice to the parties through their counsel in this court . Renumeration for the Commissioner is fixed at Rs. 15,000/- which will be shared equally by the petitioner and the third respondent. Inspection will be conducted and a report will be filed by the Commissioner at the earliest. Post after three weeks. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.25467/08 2