IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 OP(C).No. 890 of 2011(O) ------------------------------------- IA.NO.4595/2010 IN O.S.NO.775/2010 O 1ST ADDL.MUNSIFF'S COURT, ERNAKULAM. .... PETITIONER (S): --------------------------- 1. C.A.MADHAVAN, AGED 79 YEARS, S/O.LAGE ACHUTHANKUTTY, CONVENER,ADMINISTRATIVE MANAGING COMMITTEE, SNDP BRANCH NO.219, PUTHUPALLIPURAM,EDAPPALLY PO, KOCHI 682 024, RESIDING AT CHETTIPARAMBIL HOUSE, V.P.MARAKKAR ROAD,VATTEKUNNAM,EDAPPALLY PO,KOCHI 682 024. 2. SNDP BRANCH NO.219,PUTHUPALLIPURAM, EDAPPALLY PO, KOCHI 682 024,REPRESENTED BY C.A. MADHAVAN, AGED 79 YEARS,CONVENER, ADMINISTRATIVE MANAGING COMMITTEE. 3. ADMINISTRATIVE MANAGING COMMITTEE SNDP BRANCH NO.219,PUTHUPALLIPURAM,EDAPPALLY PO, KOCHI 682 024,REPRESENTED BY ITS CONVENER, C.A. MADHAVAN, AGED 77 YEARS, S/O.LATE M.ACHUTHANKUTTY,RESIDING AT CHETTIPARAMBIL HOUSE, V.P.MARAKKAR ROAD,VATTEKUNNAM,EDAPPALLY PO,KOCHI-682 024. BY ADV. SRI.JOSE PALLATTUKARAN RESPONDENT(S): ---------------------------- 1. E.P.DILEEP, AGED 34 YEARS, S/O.PARAMESWARAN, FORMER SECRETARY,SNDP BRANCH NO.219, PUTHUPALLIPPURAM,EDAPPALLY PO,KOCHI 682 024 RESIDING AT6 INCHIPARAMBIL HOUSE, UNICHIRA, EDAPPALLY PO, KOCHI - 682 024. 2. N.MOHANAN, AGED ABOUT 66 YEARS, FORMER PRESIDENT,SNDP BRANCH NO.219, PUTHUPALLIPPURAM,EDAPPALLY PO,KOCHI 682 024, RESIDING AT ILLIKKATTU, PUTHUPALLIPPURAM,EDAPPALLY PO,KOCHI 682 024. Kss ..2/- ..2... OP(CIVIL) NO.890/2011 O 3. RAJ KISHORE, AGED ABOUT 50 YEARS, NEERCHALIL HOUSE, UNICHIRA, CHANGAMAPUZHA NAGAR, COCHIN 682 033. 4. SNDP UNION,KANAYANOOR TALUK, KUMARASAN MEMORIAL BUILDING, PALARIVATTOM,. ERNAKULAM REPRESENTED BY ITS SECRETARY P.P.RAJAN. 5. SNDP YOGAM.P.B.NO.512,KOLLAM REPRESENTED BY ITS GENERAL SECRETARY MR.VELLAPPILLY NADESAN. R1 & R2 BY ADV. SRI. K.JAGADEESCHANDRAN NAIR R4 & R5 BY ADVS.SRI. A.N.RAJAN BABU, SRI.P.GOPALAKRISHNAN (MVA). THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss HARUN-UL-RASHID,J. ------------------------------- O.P.(C).NO. 890 OF 2011 ------------------------------- DATED THIS THE 3RD DAY OF MARCH, 2011 JUDGMENT Petitioners are the plaintiffs in O.S.No.775/2010 on the file of the I Additional Musiff's Court, Ernakulam. The suit was filed for declaration and injunction. Ext.P5 is the application filed for temporary injunction. The prayer in Ext.P5 is to restrain the respondents 1 and 2 therein, their men and agents from making any construction in the injunction schedule property and for other incidental reliefs. 2. The learned counsel for the petitioners submits that the inordinate delay in disposing of Ext.P5 application by the Additional Munsiff resulted in miscarriage of justice. According to the petitioners, they are qualified persons to administer the affairs of the SNDP Branch No.219, Puthupallipuram, Edappally P.O. in view of Ext.P2 order. The learned counsel also submits that the Presiding Officer of the I Additional Munsiff's Court, -2- O.P(C).No.890/2011 Ernakulam is on long leave and therefore Ext.P5 injunction application is pending consideration without final disposal. 3. In the circumstances stated above and in view of the urgency, this Court direct the Principal Munsiff, Ernakulam to consider and dispose of Ext.P5 injunction application within a period of one month from today or the Principal Munsiff may send the case to any other Additional Munsiff's Court for hearing and disposal within the above-said period. The parties to the suit shall maintain status quo as on today in relation to the foundation stone laying ceremony, till the disposal of Ext.P5 application for injunction. Original Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.