IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20389 of 2008(P) -------------------------- OS.66/2008 of MUNSIFF COURT, QUILANDY .................... PETITIONER: ------------ MOIDEENKOYA, S/O.AHMAD KOYA, AGED 55 YEARS, NETTAMPARACHALIL, KINALOOR AMSOM, DESOM KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA RESPONDENTS: ------------- 1. JARAMMAL RAHEEM P.K., S/O.KUNHIMOIDEEN, AGED 40 YEARS, UNNIKULAM AMSOM, DESOM, P.O.EKAROOR, KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. PRABHAKARAN NAIR, S/O.KUNHIRAMAN NAIR, AGED 55 YEARS, NETTAMPARACHALIL HOUSE, KINALOOR AMSOM, DESOM,KOYILANDY TALUK, KOZHIKODE DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.20389 of 2008 ------------------------------- Dated this the 8th July, 2008. J U D G M E N T Petitioner is the plaintiff in O.S.No.66 of 2008, on the file of Munsiff Court, Quilandy. The suit is for permanent prohibitory injunction restraining respondents-defendants from conducting quarry operations in plaint 'A' schedule property alleging that it causes serious damages to the residence of the petitioner and his family members. This petition is filed under Article 227 of the Constitution of India alleging that the trial court is not disposing I.A.No.391 of 2008, an application for temporary injunction. 2. The learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel appearing for the petitioner is that a Commission was taken out and the Commissioner has already submitted a report, and even though the report submitted by the Commissioner supports the case of the petitioner, trial court is not disposing the application for injunction, and W.P.(C) No.20389/2008 2 as a result, respondents are carrying on the quarrying work causing damages and nuisance, and, therefore, trail court may be directed to dispose the petition within a time frame. I.A.No.391/08 was filed in March, 2008 and objection to the application was also filed in May,2008, and the report was submitted by the Commissioner on March, 2008. In such circumstances, Munsiff, Quilandy, is directed to dispose I.A.No.391/2008, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE nj.