A.J. Desai, C.J.
1. By way of the present writ appeal filed under Section 5 of the Kerala High Court Act, the appellant/5th respondent in the writ petition has challenged the order dated 18/03/2024 passed in I.A No.2/2023 in W.P.(C)No.36908 of 2022, by which the learned Single Judge has appointed one Mr.Joseph Korulla, an individual who is said to be Consultant Geologist and an expert on mining process, to visit the site along with the Advocate Commissioner who has already been appointed by the impugned order and be present during the revised survey conducted by the State Authorities.
2. The grievance of the appellant is with regard to the presence of the so called expert during the revised survey of the land.
3. On the other hand, learned Counsel appearing for the original petitioner opposed this appeal and submitted that the private person appointed is an expert in the subject and no interference is called for in this writ appeal.
4. We heard the learned Advocates appearing for the appellant and the respondents.
5. Considering the dispute raised in the writ petition, we are of the opinion that it is not necessary to conduct the revised survey in the presence of any private person, as observed in the impugned order which reads as follows;
“Advocate, Prasanth A.G. (K/525/2014) is appointed as Advocate Commissioner, who shall visit the site along with Mr. Joseph Korulla, Consultant Geologist, Tropical Institute of Ecological Sciences, Velloor P.O., Kottayam, and be present during the revised survey which is scheduled to be held on 03.04.2024. The additional 6th respondent shall fix the revised survey with notice to the petitioner and the 5th respondent regarding the date and time so that the Advocate Commissioner along with the expert could be present during the revised survey. The 6th respondent shall constitute a proper survey team of qualified persons so as to inspect the quarry and the team shall also report as to the points sought to be ascertained in the commission application, in the presence of the Advocate Commissioner and the expert. The report of the survey shall be produced before this court by the learned Government Pleader along with a memo. Initial batta of Rs.50,000/- is fixed for the Advocate Commissioner, who shall also submit a report regarding the proceedings of the revised survey.”
6. Hence, we modify the interim order in the following manner; “Adv.Prasanth A.G., who is appointed as Advocate Commissioner shall inspect the site along with the District Collector, the Taluk Surveyor, the Geologist (3rd respondent in the writ petition), the Secretary of the Panchayat (4threspondent), the Director of Mining and Geology (Additional 6th respondent) and shall prepare a report and submit the same before the learned Single Judge at the earliest”.
The writ appeal is disposed of as above.
