IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 24848 of 2008(G) -------------------------- OS.1075/2007 of II ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): --------------- 1. ASWATHY HOUSING PRIVATE LIMITED, PANICKERS BUILDING, KAZHAKOOTAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, ALEXANDER VADAKKEDAM, S/O.M.G. ALEXANDER, AGED 43,Q1-ASWATHY GARDEN, MENAMKULAM, KAZHAKOTTAM, THIRVUANANTHAPURAM. 2. ALEXANDER, VADAKKEDAM, S/O.M.G. ALEXANDER, AGED 43, Q1 - ASWATHY GARDEN, MENAMKULAM, KAZHAKOOTAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. SRI. PUNNOOSE, VILLAGE NO. S - 35, ASWATHY GARDENS, KAZHAKOOTAM, THIRUVANANTHAPURAM. 2. DR.MOBY UMMAN, VILLA NO. P-49, ASWATHU GARDENS, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 3. SRI.A.V. ABRAHAM, VILLA NO. S-56, ASWATHY GARDENS, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 4. SRI.K.O. THOMAS, VILLA NO. Q-16, ASWATHY GARDENS, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 5. SRI. JACOB DANIEL, VILLA NO. S-8, ASWATHY GARDENS, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 6. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM. ADV. SRI.M.R.ANANDAKUTTAN FOR R1 & R2 SMT.M.HEMALATHA FOR R1 & R2 SRI.R.S.MADHU FOR R1 & R2 SRI.MAHESH ANANDAKUTTAN FOR R1 & R2 GOVT. PLEADER SRI.PUZHAKKARA MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE PLAINT FILED AS O.S.NO.1075/2007 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED IN O.S.NO.1075/2007 ON THE FILE OF THE ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM EXT.P3 TRUE COPY OF THE COMPLAINT FILED BY THE RESPONDENTS 1 TO 5 BEFORE THE 6TH RESPONDENT. /True Copy/ P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C) .No.24848 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October , 2009 JUDGMENT Petitioner in O.S.NO.1075/2007 on the file of Munsiff Court, Thiruvananthapuram has filed this writ petition under Articles 226 and 227 of the Constitution challenging Ext.P3, an application filed by the defendants in the suit filed before the District Collector, Thiruvananthapuram. 2. The petitioner/plaintiff filed O.S.No.1075/2007 before the Additional Munsiff Court, Thiruvananthapuram for a permanent mandatory injunction directing the respondents to formulate the society of association of the villa owners within the time frame and also for a permanent prohibitory injunction restraining the respondents from implementing any decision of the adhoc committee and from interfering with the rights of the villa owners etc. Ext.P1 is the copy of the plaint in that suit. Along with the suit the plaintiff/petitioner filed I.A.No.5271/2007 for a permanent prohibitory injunction restraining WPC.NO.24848/08 Page numbers the defendants from terminating or withdrawing common facilities provided in the Aswathy Garden with allied prayers. The Munsiff Court passed a temporary injunction in the said I.A. on 27-06-2007. The defendants and other respondents in the writ petition filed Ext.P3 petition before the District Collector who is the 6th respondent in this case for implementing the order of injunction passed by the Munsiff. Now the petitioner/plaintiff has challenged the said petition in this writ petition contending that District Collector has no power to implement the order of injunction passed by the Munsiff along with other contentions. 3. When the writ petition came up for hearing today, counsel for the petitioner submitted that he may be permitted to raise the contentions raised in the writ petition before the District Collector in the said petition and the District Collector may be directed to pass an order after hearing the petitioners. 4. After hearing the submissions of counsel for both parties, I feel that the writ petition can be disposed of as follows : The petitioner is permitted to raise all his contentions raised in WPC.NO.24848/08 Page numbers the writ petition before the District Collector in Ext.P3 proceedings. The District Collector shall consider his objections and pass appropriate orders in that petition. With the above direction, writ petition is disposed of. P.Q.BARKATH ALI JUDGE sv. WPC.NO.24848/08 Page numbers