IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30273 of 2004(D)
1. DR. K.S. VENU, KULANGARA HOUSE,
... Petitioner
2. K.S. RAJAN, KULANGARA HOUSE,
Vs
1. THANKAPPAN, TEA SHOP, NR.K.R.THEATRE,
... Respondent
2. ASHOKAN, TEA SHOP, NR.K.R. THEATRE,
3. THAMPY, TEA SHOP, NR. K.R. THEATRE,
For Petitioner :SRI.P.N.PURUSHOTHAMA KAIMAL
For Respondent :SRI.T.A.UNNIKRISHNAN
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :21/06/2007
O R D E R
KURIAN JOSEPH , J
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W.P.(C) NO. 30273 OF 2004
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Dated this the 21st day of June, 2007.
JUDGMENT
The challenge is on Ext.P5 order passed by the Munsiff Court,
Peermade in I.A No. 830/2004 in O.S. N o. 70/99. The application was
filed objecting to the commission report and with a further prayer to
remit back the commission report for a proper site inspection and
report. But the application was dismissed by a cryptic order of the
Munsiff which read as follows:
“No sufficient grounds. Hence petition dismissed.”
2. The learned Munsiff has certainly not exercised his jurisdiction
vested on him. The exercise is arbitrary, ex facie. I set aside Ext.P5.
There will be a direction to the Munsiff, Peermade to properly consider
the prayer in the I.A. No. 830/2004 and pass appropriate orders in
accordance with law. This shall be done within a period of four months
from the date of a copy of this judgment.
The writ petition is disposed of accordingly.
KURIAN JOSEPH, JUDGE.
rv