IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 OP(C).No. 148 of 2010(O) ------------------------ OS.310/2001 of MUNSIFF COURT, DEVICOLAM .................... PETITIONER(S): -------------------- MOLLY JOSEPH, W/O.JOSEPH, PADAPPURACKAL HOUSE, BLDG.NO.X/2328, T.B.ROAD, MUNNAR,DIST. IDUKKI. BY ADV. SRI.K.REGHU KOTTAPPURAM SRI MAHESH R. KOTTAPPURAM RESPONDENT(S): --------------- 1. TATA TEA LTD. , REPRESENTED BY GENERAL MANAGER, SOUTH INDIAN ESTATE DEPARTMENT, REGIONAL OFFICE, MUNNAR, DISTRICT IDUKKI. 2. THE MANGER, TOWN DEPARTMENT, TATA TEA LTD. MUNNAR, DISTRICT IDUKKI. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.148 of 2010 -------------------------------------- Dated this the 1st day of October, 2010. JUDGMENT Plaintiff in O.S.No.310 of 2001 of the court of learned Munsiff, Devikulam is the petitioner before me. She filed the suit for injunction against defendants trespassing into the property which she claimed, she is in possession. It is her case that the property is three cents of Government puramboke land. The suit is posted for trial in the list. At that stage petitioner filed Ext.P6, application to implead the State Government as additional defendant in the suit, according to her in the light of Ext.P5, judgment dated 01.12.2006 of this Court in W.P.(C) No.16004 of 2003. Petitioner seeks a direction to the learned Munsiff to proceed with the suit only after passing orders on Ext.P6, application and to issue other appropriate directions as deemed fit. 2. Since petitioner has filed Ext.P6, application before the learned Munsiff, Devikulam it is open to the petitioner to pursue her remedy in that court. Petitioner can request learned Munsiff to consider Ext.P6, application and there is no reason to think that if the request is made, that will not be heeded to. There is no reason for this Court to interfere in the matter at this stage under OP(C) No.148/2010 2 Article 227 of the Constitution. Resultantly this petition is closed. THOMAS P.JOSEPH, Judge. cks