IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 427 of 2008(A) ----------------------------------- OS.131/2005 OF MUNSIFF COURT, PERUMBAVOOR. .................... PETITIONER: ------------------- SURJY M. THARAKAN, AGED 25 YEARS, S/O.MATHEW.M.VARGHESE THARAKAN, MADAPARAMBIL HOUSE EZHIPRAM KARA, MAZHUVANNUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, CIVIL STATION BUILDINGS, KAKKANAD, KOCHI -682 030. 2. TAHSILDAR, KUNNATHUNAD TALUK OFFICE, PERUMBAVOOR. 3. THOMAS, AGED 50 YEARS, S/O.VARKEY, KIZHAKKEKUDY HOUSE, EZHIPRAM KARA, MAZHUVANNUR VILLAGE. 4. ELIAS, S/O.THOMAS, KIZHAKKEKUDY HOUSE, EZHIPRAM KARA, MAZHUVANNUR VILLAGE. 5. T.T.BABU, S/O.THOMAS, AGED 41 YEARS, THRIKKAPARAMBIL HOUSE, EZHIPRAM KARA, MAZHUVANNUR VILLAGE. 6. SOMAN, S/O.MYLAN, AGED 35 YEARS, THOPPIKUDI HOUSE, EZHIPRAM KARA, MAZHUVANNUR VILLAGE. W.P.(C). NO.427/2008: 7. BABY.M.MATHEW, S/O.MATHEW, AGED 45 YEARS MADAPARAMBIL HOUSE,EZHIPRAM KARA, MAZHUVANNUR VILLAGE. 8. GOPI, S/O.UNNI, KALLELIL HOUSE, THEKKEMAZHUVANNUR KARA, MAZHUVANNUR VILLAGE. R1 & R2 BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 427 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2008. J U D G M E N T This writ petition is preferred against the order dismissing I.A.3264/07 whereby the plaintiff has requested the Court for the issuance of a Commission. A perusal of the writ petition would show that the matter was posted for steps to 13.11.07 and subsequently it was listed. The Court has not considered the Commission application on merits but dismissed it on the ground that the application has been moved when the matter is listed. If really the issuance of a Commission is necessary for a proper adjudication of the case, it is desirable that the Court shall apply its mind and then pass orders on the said application instead of dismissing it on the ground that it is a belated one. Therefore I set aside the order passed in I.A.3264/07, restore it to file and W.P.C 427 OF 2008 -:2:- direct the learned Munsiff to consider and pass orders on the application on merits. Needless to say, till such an order is passed, the Court below shall not proceed with the trial of the case. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-