IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 36151 of 2008(D) -------------------------------------- CMA.60/2007 of ADDITIONAL DISTRICT COURT , PATHANAMTHITTA OS.59/2007 of MUNSIFF COURT,PATHANAMTHITTA .................... PETITIONER(S): ---------------------- K.S. SURESH KUMAR, 36 YEARS, S/O.SREEDHARAN NAIR, KOCHUMEPRATHU HOUSE KUMBAZHA MURI, PATHANAMTHITTA VILLAGE REP. BY HIS POWR OF ATTORNEY HOLDER KALADHARAN NAIR, KALASADANAM, ELANTHOOR PO., ELANTHOOR MURI AND VILLAGE. BY ADV. MR.M.NARENDRA KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE TAHSILDAR, KOZHENCHERRY. 3. THE VILLAGE OFFICER, PATHANAMTHITTA. 4. V. SOMANATHAN NAIR, 60 YEARS S/O.NANU NAIR, VILAKATHU HOUSE, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE. R1 TO R3 BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN R4 BY ADV. MR.G.UNNIKRISHNON, MR.K.SANEESH KUMAR . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 36151/2008-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 22/08/2007 IN I.A.352/2007 IN O.S.59/2007 IN THE COURT OF THE MUNSIFF'S COURT, PATHANAMTHITTA. EXT.P2: COPY OF THE JUDGMENT DATED 13/08/2008 IN C.M.A.60/2007 IN THE COURT OF ADDITIONAL DISTRICT JUDGE, PATHANAMTHITTA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.36151 of 2008 - D --------------------------------- Dated this the 9th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following relief: “To issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P2 and quash the same as illegal.” 2. Petitioner is the plaintiff in O.S.No.57/2009 on the file of the Munsiff Court, Pathanamthitta. Suit was one for injunction. Along with the plaint, petitioner filed an application for interim injunction to restrain the 4th defendant from tresspassing upon the plaint schedule property and interfering with his possession and enjoyment over the same. Learned Munsiff after hearing both sides, concluded that the petitioner has not made out a prima facie case for the relief sought for and dismissed that application. Ext.P1 is the copy of that order. Against Ext.P1 order, petitioner preferred an appeal before the District Court, Pathanamthitta. The appeal, after being heard, was disposed under Ext.P2 judgment by which the order of the W.P.(C).No.36151 of 2008 - D 2 dismissal of the interlocutory application by the learned Munsiff was upheld. Impeaching the propriety and correctness of Ext.P1 order and Ext.P2 judgment, petitioner has filed this writ petition. 3. Learned Government Pleader has taken notice for respondents 1 to 3. I heard the counsel for the petitioner and the learned Government Pleader. 4. Having regard to the submissions made and the facts and circumstances presented, I find that there is no scope for interfering with Ext.P1 order of the learned Munsiff or Ext.P2 judgment of the learned District Judge, which have been passed by the respective courts considering the merit of an interlocutory application moved by the petitioner in a suit. Whatever be the merits of the case of the petitioner for an injunction claimed in the suit, he can prosecute such claim tendering materials in support thereof. For the time being, both the courts have decided only that petitioner is not entitled to the discretionary relief of interim injunction on the facts and circumstances presented and materials produced. No serious infirmity or illegality in any of the findings made under Exts.P1 and P2 is W.P.(C).No.36151 of 2008 - D 3 brought to my notice to invoke supervisory jurisdiction under Article 227 of the Constitution of India. The writ petition is dismissed making it clear that the trial court shall dispose the suit untrammelled by any of the observations made in Ext.P1 order of the learned Munsiff and also Ext.P2 judgment passed by the learned District Judge in appeal. S.S.SATHEESACHANDRAN, JUDGE. bkn/-