IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 21596 of 2009(O) -------------------------- OS.203/2007 of MUNSIFF COURT, PARAPPANANGADI .................... PETITIONER(S): ------------------------ AMBALAVAN PUTHEN PEEDIYEKKAL MARAKKARUTTY HAJI, MATTATHOOR AMSOM, KAIPATTA DESOM, TIRURANGADI TALUK, P.O.MATTATHUR. BY ADVS. MR.JAMSHEED HAFIZ, MR.SAJU.S.A. RESPONDENT(S): --------------------------- 1. PRESIDENT, ASRAMAMANGALAM TRIPURANTHAKA KSHETHRA PARIPALANA SANGHAM, IRIGALLOOR, TIRURANGADI TALUK, MALAPPURAM. 2. SECRETARY, ASRAMAMANGALAM TRIPURANTHAKA KSHETHRA PARIPALANA SANGHAM, IRIGALLOOR, TIRURANGADI TALUK,MALAPPURAM. 3. ASRAMAMANGALAM TRIPURANTHAKA KSHETHRA PARIPALANA SANGHAM, IRIGALLOOR, TIRURANGADI TALUK, MALAPPURAM. 4. KUTTIYARATH KIZHAKKILLATH VASU NAIR, S/O.KELU PANICKER, IRINGALLOOR, IRINGALLOOR AMSOM DESOM, TIRURANGADI TALUK. 5. SHAJI PATTAYIL, S/O.CHATHUTTY, IRINGALLOOR AMSOM DESOM, TIRURANGADI TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.21596 OF 2009 -------------------------- Dated this the 30th day of July 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of mandamus or any other writ order or direction to dispose of I.A 1354/2009 in O.S No.203/2007, Munsiff Court, Parappanangadi before 03/08/2009. ii) Issue a writ of mandamus or any other appropriate writ or direction seeking to remove the matter O.S 203/2007 from the list and dispose of the I.A as directed by this Hon'ble Court. W.P.(C).No.21596 OF 2009 Page numbers iii) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time. 2. Petitioner is the plaintiff in O.S 203/2007 on the file of the Munsiff Court, Parappanangadi. Suit is filed for permanent prohibitory injunction. A report and a plan filed by the advocate commissioner after conducting survey measurements of the suit property has been obtained in the above case. Since the petitioner / plaintiff has serious objections to the report and plan filing such objections he applied for remitting the report to note some additional points. Before that petition is disposed of it is the case of the petitioner, without publishing a draft list, the case has been included in the list for trial on 03/08/2009. At that stage petitioner has approached this court and filed this writ W.P.(C).No.21596 OF 2009 Page numbers petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India to issue directions / orders to the court below to consider the application filed by him in the suit before proceeding with the trial. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and facts and circumstances presented, I find no notice to the respondent is necessary and it is dispensed with. Without consideration of Ext.P6 application for the appointment of a fresh commission, the case could not have been taken up for trial is the submission of the learned counsel. I cannot agree. Once a commission report has been filed without examining its validity even if objections are raised no fresh commission can be appointed is no longer in doubt and it has been categorically stated so by this court in 'Swami W.P.(C).No.21596 OF 2009 Page numbers Premananda Bharathi v Swami Yogananda Bharathi' (1985 KLT 144). So much so, the submission made that the listing of the case for trial without consideration of Ext.P6 application moved by the plaintiff for fresh commission is devoid of any merit. As regards the objections raised by the previous commission report challenging its merit it is open to the petitioner to move the trial court for consideration of the commission report by examining the advocate and the surveyor. It is for the court below to consider the merit of such a request if at all any application thereof is moved by the plaintiff. Subject to the above observations the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv