IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 OP(C).No. 772 of 2010(O) ------------------------ IA NO.1606/2010 IN OS.235/2009 of SUB COURT, MUVATTUPUZHA .................... PETITIONER ------------------------------ ELDHO, S/O.SLEEBA, CHEMMAIA HOUSE, MALAYIDAMTHURUTH KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- MANUAL, S/O.JACOB, PEECHAPPILLIL HOUSE, THEKKEPUNNAMATTOM KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK 683035. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.772/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMMON JUDGMENT IN WP(C) NOS.4486/10 DATED 17.9.2010 EXT.P2 TRUE COPY OF REPORT DATED 4.10.2010 OF THE STATE FORENSIC SCIENCE LABORATORY, THIRUVANANTHAPURAM EXT.P3 TRUE COPY OF THE COMMON JUDGENT IN RP NO.996/2010 DATED 9.11.2010 EXT.P4 TRUE OPY OF IA NO.1606/2010 IN OS 235/2009 OF SUB COURT, MUVATTUPUZHA DATED 15.11.2010 EXT.P5 TRUE COPPY OF THE COUNTER IN IA NO.1606/2010 IN OS 235/2009 OF SUB COURT, MUVATTUPUZHA DATED 16.11.2010 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.772 of 2010 -------------------------------------- Dated this the 22nd day of November, 2010. JUDGMENT Heard counsel on both sides. 2. Parties are again before me with this petition filed under Article 227 of the Constitution. They had been to this Court with W.P.(C) Nos.4486 of 2010 and 21130 of 2010 which I disposed of as per judgment dated September 17, 2010 permitting respondent herein, owner of the metal crusher unit and in whose favour licence issued by the local authority stands, to run the metal crusher unit until disposal of the suit. Petitioner approached this Court with R.P.Nos.996 of 2010 and 997 of 2010 seeking review of judgment dated September 17, 2010. Those petitions were dismissed by order dated November 9, 2010. Now the case of petitioner is that challenging the judgment dated September 17, 2010 he has approached the Supreme Court with a Special Leave Petition and that petition is coming up for hearing on 29.11.2010(as learned counsel is instructed to submit). Learned counsel wants this Court to direct respondent to maintain status quo until 30.11.2010. 3. This Court while disposing of the Writ Petitions by judgment dated September 17, 2010 and while permitting the respondent to run the metal crusher unit had imposed certain conditions on him and directed that on compliance of those conditions learned Sub Judge shall issue a formal order OP(C) No.772/2010 2 granting permission to the respondent to run the metal crusher unit. Accordingly, respondent after allegedly complying with the conditions approached learned Sub Judge with I.A. No.1606 of 2010 seeking a formal order granting permission to run the metal crusher unit. It is in the meantime that petitioner has approached this Court with this petition. 4. I do not find reason to prevent learned Sub Judge from passing orders on I.A.No.1606 of 2010. I make it clear that notwithstanding the order I am proposing to pass on this petition it will be open to the learned Sub Judge to pass orders on I.A.No.1606 of 2010 pursuant to the judgment dated September 17, 2010 of this Court. But, in the light of the submission of the learned counsel that petitioner has approached the Supreme Court with a Special Leave Petition it is only appropriate to direct respondent not to start the metal crusher unit until 5.00 p.m. on 30.11.2010 or, till interim order is passed by the Supreme Court, whichever is earlier. Resultantly this petition is disposed of in the following lines: i. Respondent is directed not to start running of the metal crusher unit till 30.11.2010, 5.00 p.m. or, till the Supreme Court passed interim orders in the matter, whichever is earlier. ii. Respondent is directed, until then not to remove any structure from the suit property. OP(C) No.772/2010 3 iii. I make it clear that this order will not prevent learned Sub Judge, Muvattupuzha from passing order on I.A.No.1606 of 2010 pursuant to the judgment of this Court dated September 17, 2010. THOMAS P.JOSEPH, Judge. cks