IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 OP(C).No. 942 of 2011(O) ------------------------ I.A.346 OF 2011 IN OS.67/2011 OF MUNSIFF COURT, MANJERI .................... PETITIONER : --------------------- P.K.MOHAMMEDALI,S/O.P.K.MOIDEEN, PARUTHIKUNNEN HOUSE,KOTTAMPARA ROAD, VANIYAMBALAM.P.O,MALAPPURAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VAIDHYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004. 2. DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE, K.S.E.B,MANJERI-676121. 3. ASSISTANT EXECUTIVE ENGINEER,ELECTRICAL MAJOR SECTION,K.S.E.B,WANDOOR-679328. 4. ASSISTANT ENGINEER,ELECTRICAL SECTION, K.S.E.B,THIRUVALI,MALAPPURAM-676121. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- O.P.(C).No.942 of 2011 ------------------------------------ Dated this the 8th day of March, 2011 JUDGMENT The petitioner filed O.S.No.67 of 2011 on the file of the court of the Munsiff of Manjeri against the respondents for a permanent prohibitory injunction restraining the respondents from installing a transformer in front of the plaint schedule property. The suit was filed on 19.2.2011. Along with the suit, the petitioner filed I.A.No.346 of 2011 for temporary injunction. It is stated that the respondents entered appearance before the lower court. The grievance of the petitioner is that I.A.No.346 of 2011 is not disposed of. It is submitted that I.A.No.346 of 2011 is posted to 5.4.2011. 2. Heard Sri.T.Krishnanunni, the learned Senior Counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents. The learned senior counsel appearing for the petitioner submitted that an ad interim order of injunction may be O.P.(C) No.942/2011 2 passed and the trial court may be directed to dispose of I.A.No.346 of 2011. I do not think it is proper to grant an ad interim order of injunction in the Original Petition. At the same time, the grievance of the petitioner that I.A.No.346 of 2011 is not disposed of, is genuine. In the facts and circumstances of the case, the Original Petition is disposed of directing the Munsiff Court, Manjeri to advance the hearing of I.A.No.346 of 2011 in O.S.No.67 of 2011 and dispose of the said interlocutory application expeditiously. The court below shall also consider the question whether the plaintiff is entitled to an ad interim order of injunction in I.A.No.346 of 2011. The request for the issue of an ad interim order of injunction will be considered within a period of one week from the date of receipt of a copy of the judgment. It is made clear that I have not expressed any opinion on the merits. K.T.SANKARAN JUDGE csl Issue copy of the judgment on 9.3.2011.