IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No.27883 of 2008(T) --------------------------------- OS.455/2007 of I ADDL.M.C.,ERNAKULAM .................... PETITIONER: --------------- BAHULEYAN, S/O.GANAPATHY, AGED 45 YEARS, PAINADIPARAMBIL HOUSE, AYYAPPANKAVU, ERNAKULAM. BY ADV. SRI.SABU THOZHUPPADAN RESPONDENT: --------------- JOGEY PAUL, S/O.PAUL, AGED 45 YEARS, KURIAN'S COTTAGE, CITIZEN ROAD, AYYAPPANKAVU, KOCHI-18. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.27883 of 2008 T -------------------------- JUDGMENT Counsel for the petitioner submits that though the commission report was remitted to the Commissioner vide order on I.A.No.9258/07 and direction was given to pay an additional batta of Rs.1,250/- to the Commissioner, commission was not re-issued. Petitioner filed I.A.No.9670/07 to exempt him from paying the additional commission batta and that was dismissed by the court below. It is vide Exhibit P7 conditional order on I.A.No. 9258/07 dated 24.11.2007 that the commission application stood dismissed for non payment of commission batta. Counsel for the petitioner submits that he wants only an extension of time to pay the batta of Rs.1,250/- ordered to be paid to the Commissioner vide Exhibit P4 order on I.A.No. 9258/07. Petitioner is allowed one month's time as prayed for to pay Rs.1,250/- towards commission batta to the Commissioner appointed already. As WPC 27883/08 2 this writ petition is being disposed of without notice to the respondent, petitioner is directed to produce a copy of this judgment in the court below with notice to the respondent as early as possible, in any event, within three weeks from today. The writ petition is disposed of as above. 12th November, 2008 (K.P.Balachandran, Judge) tkv