IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 32150 of 2009(K) -------------------------- LAR.34/2007 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- V.K. MOHANAN, AGED 52 YEARS, S/O. LATE DAMODHARAN, RESIDING AT USHAS, PAVITTAPPURATH HOUSE, KARIKKAD P.O., THRISSUR DIST. BY ADV. SRI.VARGHESE.J.PUNNACHALIL RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LA), GURUVAYOOR DEVASWAM, GURUVAYOOR, THRISSUR. 2. THE ADMINISTRATOR, GURUVYOOR DEVASWOM, GURUVAYOOR, THRISSUR. 3. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. R1, R3 BY GOVT. PLEADER SRI.I.V.PRAMOD R2 BY ADV.V.KRISHNAMENON. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32150 OF 2009 ------------------------------------------- Dated this the 16th day of November, 2009 JUDGMENT Though there is an apparent error in the cause title of the impugned order, Guruvayoor Devaswom is stated to be a party before the court below. The impugned order has been issued relating to an application for issuance of Commission in a land acquisition reference under Section 18 of the Land Acquisition Act, 1894. During the course of trial, the petitioner produced certain documents to reflect the land value claimed. Those documents were after the notification. A Commission was issued. The Commissioner compared the acquired land and the land covered by a 2006 document. With the passage of time, the petitioner pleads that he was able to find out certain documents which is during pre-notification period, produced that document and filed an application for issuance of a Commission to make a comparative evaluation between the acquired land and the land covered by that document of 2004. Having heard learned WPC.32150/09 2 counsel for the petitioner and learned counsel for the Guruvayoor Devaswom, I am satisfied that ends of justice require that the Commission is issued. Otherwise, on the facts and circumstances, it adversely affect the case. Under such circumstances, sufficient grounds are made out for interference under article 227 of the Constitution of India. Therefore, the impugned order is quashed and the court below is directed to issue a Commission as sought for in I.A.No.6992/09 in LAR No.34/07. The parties are directed to appear before the court below on 1.12.2009. This writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/11.