IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9885 of 2008(B) ------------------------- AGAINST THE ORDER IN IA.560/2008 IN OS.199/2007 of ADDL.M.C.,KOZHIKODE-I .................... PETITIONER: DEFENDANT: ---------------------------------------- ARIFA @ ARIFA UMMER KOYA, AGED 39 YEARS, D/O P.A.MUHAMMED KOYA AND W/O.A.V.UMMER KOYA, 'SAHIL', ILLIKKAL LANE, KACHERI AMSOM, KURUMBRAKATTASSERI DESOM, KOZHIKODE TALUK-II REP, BY HER POWER OF ATTORNEY HOLDER P.A.MOOSA KOYA. BY ADV. SRI.K.M.FIROZ RESPONDENTS: PLAINTIFFS: ------------------------------------------- 1. N.T.JOHN, AGED 50 YEARS, S/O THIMOTHI, 4/414, JOSEPH ROAD, KATHERI AMSOM, KURUMBRAKKATTASSERI DESOM OF KOZHIKODE TALUK. 2. MERLIN JOHN, AGED 45 YEARS, W/O JOHN, 4/414, JOSEPH ROAD, KATHERI AMSOM, KURUMBRAKKATTASSERI DESOM OF KOZHIKODE TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9885 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer to set aside Ext.P4 order whereby the Court has declined to entertain an application for framing the additional issues. The Court below had erroneously approached the subject matter thinking that it was the responsibility of the parties to frame issues. It is not so. A detailed written statement has been filed and there is averments in page 10 of the written statement that the Corporation of Kochi is a necessary party and a suit filed without the junction of the same is bad for non-joinder of necessary parties. When such an averment is there in the written statement it is the duty of the Court to frame an issue. But unfortunately it has not been done. The approach of the Court is not correct and therefore I set aside the order and direct the Court below to consider the said interim application afresh after hearing both sides and pass appropriate orders. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-