M/S.Ultima Builders And … vs M.A.Thomas on 16 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2059 of 2008(T)


1. M/S.ULTIMA BUILDERS AND DEVELOPERS PVT.
                      ...  Petitioner
2. SANTHOSH KUMAR, MANAGING DIRECTOR,

                        Vs



1. M.A.THOMAS,
                       ...       Respondent

                For Petitioner  :SRI.L.ALOYSIUS THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :16/01/2008

 O R D E R
                           M.N.KRISHNAN, J.
                           --------------------------
                      W.P.(C) NO. 2059 OF 2008
                             ---------------------
               Dated this the 16th day of January, 2008

                               JUDGMENT

This writ petition is filed with a prayer to set aside the order

in I.A. No. 327/2008 in O.S. No.1343/2007 and for other appropriate

reliefs.

2. Heard learned counsel for the writ petitioners. The

order incorporated in A diary produced before me shows that the

court appointed an Advocate Commissioner and also had appointed

another expert Engineer namely Mr. Achutha Warrier to assist the

Commissioner and file report.

3. Learned counsel for the writ petitioners submits before

me that the principal question that has to be considered and decided

is regarding age of the building. He would submit that the court may

appoint an Engineer suggested by him as well for the said purpose.

4. I feel it is desirable that the present expert does the job

and if there is any particulars that has to be pointed out, let it be done

in the form of a work memo by the present writ petitioners. Since the

petitioners are not given an opportunity to file their objections in the

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commission application, they can refute the allegations if they choose

to file any objections to the Commissioner’s report and valuation.

Therefore, the writ petition is disposed of as follows:

(1) The writ petitioners are permitted to file work memo

before the Commissioner and the Commissioner is directed to

consider that also while inspecting the property and if any matter is to

be looked into by the expert, that also shall be done at that stage

itself.

(2) The writ petitioners are also permitted to file objections

which they have to file in the present IA along with the objections, if

any, against the Commissioner’s report and valuation when it is filed.

                                              M.N.KRISHNAN, JUDGE

vps

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