IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24401 of 2008(E) -------------------------- AGAINST THE ORDER IN IA 2587/2008 IN OS.300/2004 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER: ------------ 1. M.K.CHANDRA SEKHARAN, PRESENT MANAGER, SREE NARAYANA PARAMAHAMSA SAMAJAM & TRUSTEE OF GANESHA MANGALAM DEVASWOM VADANAPPALLY, TRICHUR DISTRICT. 2. T.K.SHANMUGHAM, PRESENT MANAGER, SREE NARAYANA PARAMAHAMSA SAMAJAM & TRUSTEE OF GANESHA MANGALAM DEVASWOM VADANAPPALLY, TRICHUR DISTRICT. 3. P.T.V.RAMAKRISHNAN, PRESENT MANAGER, SREE NARAYANA PARAMAHAMSA SAMAJAM & TRUSTEE OF GANESHA MANGALAM DEVASWOM VADANAPPALLY, TRICHUR DISTRICT. 4. C.A.SURENDRAN, PRESENT MANAGER, SREE NARAYANA PARAMAHAMSA SAMAJAM & TRUSTEE OF GANESHA MANGALAM DEVASWOM VADANAPPALLY, TRICHUR DISTRICT. BY ADV. SRI.MOHAN C.MENON RESPONDENTS: ----------------- MOHAN SANKAR, S/O. VAIKKATTIL NARAYANAN VADANAPPALLY AMSOM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.24401 of 2008 ------------------------------- Dated this the 13th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to Munsiff, Chavakkad, to hear and dispose of Ext.P2 application (I.A.No.2587 of 2008) on or before 13.8.2008, so as to enable the petitioners to proceed with Asta Dravya Maha Ganapathy Homam and related ceremonies fixed on 15.8.2008. 2. Learned counsel appearing for petitioners and respondent were heard. 3. Learned counsel for the petitioners pointed out that Ext.P2 petition was filed on 31.7.2008 and Ext.P3 objection was filed by the respondent on 7.8.2008 and unless an order is passed in Ext.P2 petition, Asta Dravya Maha Ganapathy Homam and related rituals cannot be proceeded with and in such circumstances, a direction is to be issued to pass orders in Ext.P2 application today itself. 4. Though learned counsel submitted that order may be passed by this Court, when the petition is pending before the Munsiff, W.P.(C) No.24401 of 2008 2 and it is not disposed, it is not proper for this Court to assume the powers of the Munsiff and then pass an order, as sought for. 5. In view of the urgency, learned Munsiff should have passed an order earlier. If the order is not passed so far, Munsiff, Chavakkad, to pass the final order or some interim order, with regard to the conduct of Asta Dravya Maha Ganapathy Homam fixed for 15.8.2008, today itself. 6. Registry to communicate the judgment to Munsiff, Chavakkad, over phone. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.