IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 30529 of 2008(H) ------------------------------------- CMA.19/2008 of II ADDL. DISTRICT COURT, TRIVANDRUM OS.1603/2007 of II ADDL.M.C.,TRIVANDRUM (IA.8080/2007) ................... PETITIONER(S): ----------------------- 1. M/S/AZHIMALA BEACH RESORTS (P) LTD., A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING REGISTERED OFFICE AT T.C 71/3320, VALIYATHURAI, VALLAKADAVU.P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, NORBERT LAWRENCE. 2. NORBERT LAWRENCE, S/O. LAWRENCE FERNADEZ, MANAGING DIRECTOR, M/S/AZHIMALA BEACH RESORTS (P) LTD., -DO-RESIDING AT T.C 71/3320, VALIYATHURAI, VALLAKADAVU.P.O, THIRUVANANTHAPURAM. 3. SATHEESH JOSH PEREIRA, S/O. LATE JOSEPH PEREIRA, DIRECTOR, M/S/AZHIMALA BEACH RESORTS (P) LTD.,-DO- RESIDING AT SABARINAS, V.P VII/641,VAZHOTTOKONAM, KODUNGANOOR, VATTIYOORKAVU, THIRUVANANTHAPURAM. 4. FLORY NORBERT, W/O.NORBERT LAWRENCE, DIRECTOR, M/S/AZHIMALA BEACH RESORTS (P) LTD.,-DO- RESIDING AT T.C. 71/3320, VALIYATHURAI, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN WP(C)NO.30529/2008-H RESPONDENT(S): ------------------------- SMT. SCHOLASTICA ANTONY, W/O. ANTONY FERNADEZ, DIRECTOR, M/S. AAZHIMALA BEACH RESORTS (P) LTD., AND NOW RESIDING AT AT PHILIPVILLA, T.C 71/1189, PUTHUVAL PURAYIDOM, CHERIYATHURA, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM. ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30529/2008-H APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN O.S.NO.1603/2007. P2 COPY OF THE INJUNCTION PETITION IN O.S.NO.1603/2007(I.A.NO.8080/07). P3 COPY OCF THE OBJECTION TO THE INJUNCTION PETITION,I.A.NO8080/2007 IN O.S.NO.1603/2007. P4 COPY OF THE INJUNCTION ORDER OF I.A.NO.8080/2007 IN O.S.NO.1603/2007 DATED 22/1/2008. P5 COPY OF THE CMA NO.19/2008. P6 COPY OF THE OBJECTION TO THE CMA. P7 COPY OF THE ORDER IN CMA NO.19/2008 DATED 10/4/2008. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 305329 OF 2008 ------------------------------- DATED THIS THE 14TH DAY OF OCTOBER, 2010 JUDGMENT Ext.P7 order dated 10th April, 2008 passed by the II Additional District Judge, Thiruvananthapuram in CMA.No.19/2008 is under challenge. The suit was filed for permanent prohibitory injunction. The plaintiff filed I.A.No.8080/2007 seeking temporary injunction to restrain the defendants from alienating or transferring the plaint schedule property or to put in possession any strangers in the plaint schedule property detrimental to the interest of the petitioner. Ext.P4 is the order passed in the said I.A. 2. The Appellate Court modified the order passed by the Munsiff's court and held that the respondents/defendants are restrained from doing any act by which the Company will become not in possession of any immovable beach property for a period of longer than 72 years. This order is in authorisation for the last more -2- WP(C).No.30529/2008 than 2 years. 3. In the circumstances, this court is of the view that the writ petition can be disposed of without going into the merits of the contentions of the respective parties. The speedy disposal of the suit will serve the ends of justice. In the result, the writ petition is disposed of with a direction to the II Additional Munsiff's Court, Thiruvananthapuram to try and dispose of the case within a period of six months from the date of receipt of the copy of this judgment. The petitioner is at liberty to approach the trial court for redressal of their grievance by filing interlocutory applications. HARUN-UL-RASHID, JUDGE. kcv.