IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6619 of 2008(K) ----------------------------------------- (O.P.(Arb.)NO.195/06 OF DISTRICT COURT, THIRUVANANTHAPURAM) PETITIONERS: ---------------------- 1. THE MEDICAL MISSION TRUST, PAMBAN MADHAVAN ROAD, TALAP, KANNUR, REPRESENTED BY ITS MANAGING TRUSTEE G.P.GOPALAKRISHNAN, S/O. GOPALAN NAMBIAR, GOPALAPURAM, VADAKKUMBAD, ERANHOLY, KANNUR. 2. M.RAMESH, AUTHORISED SIGNATORY, M/S. MEDICAL MISSION TRUST, PAMBAN MADHAVAN ROAD, TALAP, KANNUR. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS: ------------------------- 1. VANCHINAD HOSPITALS LTD., TC 7/1401 TO 1408, HOSPITAL ROAD, P.B.NO.2480, ULLOOR, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 2. MANAGING DIRECTOR, VANCHINAD HOSPITAL LTD., TC 7/1401 TO 1408, HOSPITAL ROAD, P.B.NO.2480, ULLOOR, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6619 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of February, 2008. J U D G M E N T This writ petition is filed with a prayer to direct the District Court, Thiruvananthapuram to hear and pass orders in I.A.123/08 in O.P.195/06 at the earliest and also a direction to the respondents not to transfer, sell or alienate the hospital covered by Ext.P1. So far as the 2nd prayer is concerned I am not inclined to pass any order for the reason the Court where the application is pending has not passed any exparte order of injunction and if I interfere it may amount to interference of the discretion which is used by a Court without hearing the other side. 2. But so far as the prayer to consider and dispose of I.A.123/08 is concerned the apprehension of the plaintiff is regarding the alienation which is really very serious and the matter has to be decided by the Court. Therefore I direct the District Judge to dispose of I.A.123/08 in O.P.195/06 within W.P.C 6619 OF 2008 -:2:- a time frame of 2 weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-