IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 14170 of 2008(J) -------------------------- (O.S.No.352/1996 OF THE MUNSIFF COURT, TIRUR) PETITIONERS: --------------- 1. ABDULLA, S/O.MOOSAKUTTY HAJI, THENNADAN, POST VALLUVANGAD NORTH, ERNAD TALUK, MALAPPURAM DISTRICT. 2. SHAMSUDHEEN,S/O.MOYIN, THENNADAN, POST VALLUVANGAD NORTH, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A RESPONDENTS: ------------- 1. VEERANKUTTY, S/O.ALAVIKUTTY HAJI, CHULLIKKULAVAN HOUSE, VETTIKKATTIRI, POST VELLUVANGAD,MALAPPURAM DISTRICT. 2. PATHUMMAKUTTY,W/O.UNNIMAMMADU HAJI, CHERUKULATHIL CHEMBILAMPATTA, ELAMKOOR AMSOM DESOM,POST ELAMKOOR, MALAPPURAM DISTRICT. 3. RUKHIYA, D/O.ALAVIKUTTY, CHULLIKKULAVAN HOUSE, VETTIKKATTIRI, POST VELLUVANGAD,MALAPPURAM DISTRICT. 4. AAYSHA UMMA, D/O.ALAVIKUTTY, CHULLIKKULAVAN HOUSE, VETTIKKATTIRI, POST VELLUVANGAD,MALAPPURAM DISTRICT. 5. KUNHAYISHA UMMA, D/O.AHAMMEDKUTTY MASTER, VALARADA, VETTIKKATTIRI, POST PANDIKKAD,MALAPPURAM DISTRICT. 6. AMINA, W/O. AHAMMEDKUTTY MASTER, SAFA MANZIL, THUPPINIKKATTUKUNNU, VATTAPPARA, THURAKKAL, MANJERI P.O., MALAPPURAM. 7. JAMEELA, D/O.AHAMMEDKUTTY MASTER, CHULLIKKULAVAN HOUSE, VETTIKKATTIRI, POST VELLUVANGAD,MALAPPURAM DISTRICT. 8. KAMARUDHEEN, S/O.AHAMMEDKUTTY MASTER, SAFA MANZIL, THUPPINIKATTUKUNNU, VATTAPPARA, THURAKKAL, MANJERI P.O.,MALAPPURAM. 9. KHAYRUNNEEASA, W/O.VARANGODAN HAMEED, KUNNIKKAL,POOKKALATHUR,POST PULPATTA,MANJERI. 10. FATHIMA, D/O.ALAVI, MANCHAPPILLI, VETTIKKATTIRI, POST VELLUVANGAD, MALAPPURAM DISTRICT. 11. CHEKKUNNI, S/O.KUNHUMUHAMMED HAJI, KOTTAMMAL THANDUPARAKKAL,POOTHRAKKOVIL, PORUR P.O.,MALAPPURAM DISTRICT. 12. MUHAMMED HAJI BASHEER, S/O.KUNHIMOIDEENKUTTY,KARALIKKATTIL THANDUPARAUKKAL,PARIYANGAD, VELLAYUR, MALAPPURAM DISTRICT. 13. SHAJI, S/O.AHAMMEDKUTTY, PULATH PULIKOTTIL, VAZHIKKADAVU AMSOM DESOM, MALAPPURAM DISTRICT. 14. RAFEEQUE,VAZHIKKADAVU AMSOM DESOM, MALAPPURAM DISTRICT. 15. ABDULLA, S/O.MANCHAPPILLY MUHAMMED, VETTIKKATTIRI, POST VELLUVANGAD, MALAPPURAM DISTRICT. 16. KHADEEJA, D/O. --DO-- -DO-. 17. UMMUKULSU, --DO-- -DO-. 18. ABDUL AZEES, S/O. --DO-- -DO-. 19. ALI, S/O. --DO-- -DO-. 20. SIRAJ, --DO-- -DO-. 21. PATHUMMA, W/O. --DO-- -DO-. 22. MUHAMMED, S/O.MANCHAPILLY MOOSAN, --DO-- -DO-. 23. RASHEED, S/O. --DO-- -DO-. \ 24. SHAMSUDHEEN, S/O. --DO-- -DO-. 25. PATHUMMA, W/O. --DO-- -DO-. BY ADV. SRI.R.RAJESH KORMATH FOR R1TO9&11,12&14 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1:- True copy of the amended plaint filed before the court of the Munsiff of Tirur as O.S.352/1996 dated 7.3.2007. Ext.P2:- True copy of the order of this Hon'ble court in C.R.P.1045/1982 dated 26.09.1992. Ext.P3:- True copy of the order of the Subordinate Judge of Tirur in I.A.661/2008 in O.S.156/2007 on its file dated 15.03.2008. Ext.P4:- True copy of I.A.571/2008 before the Manjeri Sub Court dated 26.03.2008 M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.14170 OF 2008 =========================== Dated this the 9th day of June, 2008 JUDGMENT Petitioners are the plaintiffs in a suit which remains unnumbered and presented before Sub Court, Manjeri consequent to an order passed by Sub Court, Tirur. The suit was originally filed before Munsiff Court, Manjeri as O.S.89/1981 which was subsequently transferred to Munsiff Court, Tirur. While the suit was pending, plaint was got amended.Consequently the pecuniary jurisdiction exceeded that of the Munsiff Court. Hence the suit was returned for presentation to Sub Court. It was presented before Sub Court, Tirur. But finding that it has no jurisdiction, plaint was returned to be presented before Sub Court, Manjeri within thirty days. Petitioners presented the plaint before Sub Court, Manjeri along with a petition under section 148 and 151 of Code of Civil Procedure. W.P.(C)14170/2008 2 2. This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, Manjeri to take a decision in Ext.P4 petition ( petition filed under section 148 and 151 of Code of Civil Procedure). Petitioners also sought an order of injunction restraining respondents from cutting and removing the trees from the plaint schedule property or committing other acts of waste. 2. When the Writ Petition was admitted, notice was issued to respondents. An order of temporary injunction as prayed for was granted which is subsisting till this day. 3. Learned counsel appearing for petitioners and respondents were heard. 4. Learned senior counsel appearing for petitioners submitted that Sub Judge, Manjeri may be directed to dispose Ext.P4 application as expeditiously as possible and till then the order of injunction granted by this court be maintained. Learned counsel appearing for respondents submitted W.P.(C)14170/2008 3 that allegation that respondents are cutting trees or committing waste is not correct and petitioners are not entitled to the order granted. 5. On hearing the learned counsel, the following directions are issued to Sub Court, Manjeri. The Sub Judge is directed to dispose Ext.P4 petition as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgmet. The order of injunction granted by this court on 6.5.2008 will prevail till the disposal of Ext.P4 petition. Petitioners are also restrained from cutting any trees or committing waste till then. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006