IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 6046 of 2010(O) ------------------------- OS.126/2009 of MUNSIFF'S MAGISTRATE COURT,PONNANI .................... PETITIONER(S): ------------------------- 1. ABDUL RAHIMAN, S/O. HAMZA, VETTOM KUNHIMARAKKARAKAM, KADAVANAD AMSOM, PUDUPONNANI DESOM, P.O.PONNANI SOUTH, PONNANI TALUK. 2. SHAMSEENA, D/O. ABDUL RAHIMAN, -DO- -DO-..DO.... 3. SHEREENA, D/O. ABDUL RAHIMAN, -DO- -DO-...DO.... 4. SANATH, D/O. ABDUL RAHIMAN, -DO- -DO-...DO.... 5. SHAHINA, (MINOR), D/O. ABDUL RAHIMAN, REPRESENTED BY GUARDIAN FATHER ABDUL RAHIMAN, -DO- -DO-..DO.... 6. SAFREENA (MINOR), D/O. ABDUL RAHIMAN, REPRESENTED BY GUARDIAN FATHER ABDUL RAHIMAN, -DO- -DO-..DO.... THROUGH POWER HOLDER KALATHINGAL ANWAR, S/O.MOHAMMED KUTTY, KADANAD AMSOM, PUDUPONNANI DESOM, PONNANI TALUK. BY ADV. MR.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------- 1. THE SECRETARY, PONNANI MUNICIPALITY, PONNANI. 2. V.SHYLAJA, W/O. MANIKANDAN, VALAVATH HOUSE, MUNICIPAL COUNCILLOR, DIVISION 37, P.O.PONNANI SOUTH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------- W.P (C) No.6046 of 2010 -------------------------- Dated this the 24th February, 2010 J U D G M E N T This is a petition filed under Article 227 of the Constitution of India seeking the following reliefs. “1. To pass appropriate orders directing the learned Munsiff Court, Ponnani to consider and dispose of the injunction application Ext.P2 on the next posting date or any other date as required by the respondents.; and 2. To pass appropriate orders directing the respondents not to proceed with the construction of road over the thodu on the Northern side of the petitioners property, pending consideration of Ext.P2 injunction application.” 2. The writ petitioners are the plaintiffs in O.S No.126 of 2009 before the Munsiff Court, Ponnani and the respondents are the defendants therein. The suit is one for permanent prohibitory injunction restraining the respondents from trespassing into the plaint schedule property and constructing a road. It is stated that there is a 'thodu' on the northern side of the petitioners' property having a width of only 2 feet. It appears that the 'thodu' is now widened to 4 to 6 meters. True copy of the suit is W.P (C) No.6046 of 2010 2 produced as Ext.P1. Along with the plaint, the petitioners moved I.A. No.453 of 2009 seeking interim injunction. They also filed an application as I.A No.582 of 2009 seeking to depute an Advocate Commissioner and to file a report. Respondents have entered appearance and filed their written statement . The true copy of the written statement is produced as Ext.P3. The commission report was filed on 19.1.2010. Interlocutory application for injunction filed by the petitioners now stands posted to 23.3.2010. 2. The apprehension of the petitioners is that if interlocutory applications are not disposed of, the respondents may trespass into the property. 3. The only prayer now made is that a direction may be issued to the court below to dispose of I.A.453 of 2009, as early as possible and till then an interim order may be granted. 4. The prayer is just and reasonable. Interlocutory application was filed along with the suit. Respondents sought adjournments for filing counter affidavit. It is submitted that since the written statement is filed, there is W.P (C) No.6046 of 2010 3 no reason why the I.A is not disposed of. There will be a direction to the court below to dispose of Ext.P2- I.A No.453 of 2009, as early as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till then, status quo as shown in the commission report before the court below shall be maintained. The Writ Petition is disposed of, as above. P.BHAVADASAN, JUDGE ma W.P (C) No.6046 of 2010 4 W.P (C) No.6046 of 2010 5