IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 6382 of 2008(I) ------------------------------------ OS.93/2007 of ADDL.M.C.,KOZHIKODE-I .................... PETITIONER: ------------------ E.PRASANNA, W/O.LOHITHAKSHAN, RESIDING AT ARREEKKANATT HOUSE, BEYPORE, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: ----------------------- KOZHIKODE CORPORATION, REPRESENTED BY SECRETARY, CORPORATION BUILDING, BEACH ROAD, CALICUT. BY ADV. SRI.P.V.KUNHIKRISHNAN , SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.6382 OF 2008 -------------------------- Dated this the 25th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Additional Munsiff-I, Kozhikode in I.A.No.496/2008 in O.S.No.93/2007. It was an application filed by the plaintiff for remitting the Commissioner's plan and report. The application was dismissed on the ground that the matter was listed and there is belatedness in filing the application. The learned Munsiff has not applied his mind regarding the points alleged in the application. Further it is seen that the suit is only of 2007. One cannot find fault with the party holding that there is a long delay in a recently instituted suit. But the enthusiasm of the presiding officer is to dispose of matters of current years is also appreciable. If it is a case where the suit has to be decided on the plan and report filed by the Commissioner it has to be obtained. 2. Therefore, I direct the court below to consider the application on merit, after hearing both sides and dispose it of and for the said purpose the order under challenge is set aside. The writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps