IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28795 of 2009(O) -------------------------- OS.359/2009 of I ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): --------------- SHAJI THOMAS, MANJANKKAL HOUSE KAKKANADU LANE, KESAVADASAPURAM, ULLOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. DAMIYAN LOUIS, S/O. CHINAPPAN LOUIS, SECRET HART HOUSE, AMBALATHUMMOOL, CHOWARA.P.O. BLARAMAPURAM, THIRUVANANTHAPURAM-695501. 2. SIRL MORAYEES, S/O. ISTHORE MORAYEES ST. JACOB HOUSE, PULLAVILLA.P.O. POOVAR, KARUMKULAM VILLAGE, THIRUVANANTHAPURAM PIN-695525. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.28795 OF 2009 () ----------------------------------- Dated this the 13th day of October, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to direct the 1st Additional Munsiff Court, Neyyattinkara to hear and dispose of O.S.No.359/2009 within a period of three months. ii. to declare that in the peculiar circumstances of this case O.S.No.359/2009 is to be taken up for hearing and disposed of within a period of three months or else the petitioner will be put to irreparable loss, hardship and adverse consequences. 2. Petitioner is the defendant in O.S.No.359 of 2009 on the file of the Ist Additional Munsiff Court, Neyyattinkara. Suit is one for perpetual prohibitory injunction, and the WPC.28795/09 2 respondents are the plaintiffs. The grievance espoused by the petitioner is that in view of the pendency of the suit and the delay in its disposal, he cannot complete a tourist project, which has already been commenced after availing huge sums as loan from financial concerns. Petitioner envisages of implementing the project with a total cost of Rs.50 crores, submits his counsel. Petitioner has already filed his written statement, and despite four adjournments the issues have not been raised in the suit and an advocate commissioner deputed by the court, has filed a report also, submits the counsel. Petitioner seeks issue of a writ or direction to the court below to dispose the suit as expeditiously as possible. 3. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary, and hence, it is dispensed with. Suit is seen to be instituted in the year 2009, and, naturally, previously instituted suits may get priority in trial and disposal unless exceptional circumstances for taking the case out of turn are not brought to the notice of the court. WPC.28795/09 3 Petitioner can file a petition before the court below for expeditious disposal of the suit stating the circumstances canvassed that delay is likely to cause him serious hardship and irreparable injuries. If any such petition is filed within two weeks form the date of this judgment, the court below shall pass appropriate orders on such petition and dispose it on merits within a further period of two weeks. Subject to the above direction, this writ petition is disposed. Handover a copy of the judgment to the counsel for the petitioner on usual terms and send a copy to the court concerned forthwith. S.S.SATHEESACHANDRAN JUDGE prp