IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 25363 of 2009(O) -------------------------- I.A.NO.758/09 IN OS.195/2009 of MUNSIFF MAGISTRATE, SULTHAN BATHERY .................... PETITIONER(S): ------------------------- K.G.CLIPPY, S/O.K.C.GEORGE, PROPRIETOR, K.G.C.MISSION SAND, KOLLAMPARAMBIL HOUSE, THOVARI MALA, P.O.SULTHAN BATHERY. BY ADV. MR.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------------------- M.K.POULOSE, S/O.KURIAKOSE, MUSAPPALLY HOUSE, MANIVAYAL THOVARIMALA, PO NENMENI AMSOM DESOM, S.BATHERY, WAYANAD. BY ADVS.MR.V.RAJENDRAN (PERUMBAVOOR), MR.GEORGE VARGHESE KIZHAKKAMBALAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25363/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 10/11/2007. P2: COPY OF CERTIFICATE DTD.1/02/08 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. P3: COPY OF ACKNOWLEDGEMENT DTD. 13/06/08 ISSUED TO THE PETITIONER BY GENERAL MANAGER, DIST. INDUSTRIES CENTRE, WAYANAD. P4: COPY OF LICENCE DTD. 31/03/2008. P5: COPY OF CERTIFICATE OF REGISTRATION DTD. 24/07/09. P6: COPY OF JUDGMENT IN WPC.NO.17287/09 DTD. 24/06/2009. P7: COPY OF DECISION DTD. 24/03/2009 OF NENMENI GRAMA PANCHAYATH. P8: COPY OF PLAINT IN O.S.195/09OF M.C.SULTHAN BATHERY. P9: COPY OF INJUNCTION APPLICATION IN.A.758/09 IN O.S.195/09. P9(A): COPY OF AFFIDAVIT FILED IN SUPPORT THEREOF. P10: COPY OF ORDER DTD. 28/08/2009 OF MUNSIFF'S COURT, SULTHAN BATHERY, IN I.A.NO.758/09 IN O.S.195/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.25363 OF 2009 -------------------------- Dated this the 1st day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records of the case and to set aside Ext.P10 order. ii) Pass appropriate orders permitting the petitioner to continue the functioning of his industrial unit without hindrance. iii) Direct the Munsiff Court, Sulthan Bathery to dispose O.S No.195/2009 pending before it expeditiously. iv) Grant such other and further reliefs which are just and proper. 2. Petitioner is the defendant in O.S No.195 of 2009 pending on the file of the Munsiff Court, Sulthan Bathery. The above suit is one for W.P.(C).No.25363 OF 2009 Page numbers perpetual prohibitory injunction filed by the respondent/plaintiff. An industrial unit operated by the petitioner for production of sand by crushing stones is causing pollution and nuisance to the respondent/plaintiff is the case canvassed by him for seeking the decree of injunction. In that suit, on the application moved by the plaintiff, an exparte order of injunction was ordered by the learned Munsiff. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. At the time of considering the admissibility of the appeal, it was submitted that the learned Munsiff who passed the orders was on continuous leave and as such, no application could be moved for considering the interlocutory W.P.(C).No.25363 OF 2009 Page numbers application for injunction in which exparte order was issued. Taking note of the submissions made by the counsel and considering the facts and circumstances presented, this court admitting the writ petition directed for keeping in abeyance that exparte order of injunction. The respondent has not entered appearance. I heard the counsel on both sides. It is submitted that the court which passed the exparte order of injunction is now having regular sitting. The application for interim injunction moved by the plaintiff is yet to be disposed of on its merits after hearing both sides. By virtue of the interim order passed by this court, operation of the exparte order of injunction remains suspended enabling the petitioner to operate his unit. I make it clear that, in disposing application for injunction the interim order passed by this court or its continuance shall have no bearing, and the W.P.(C).No.25363 OF 2009 Page numbers application has to be disposed on its merits. I direct the learned Munsiff to dispose the application for injunction moved by the plaintiff within three weeks from the date of receipt of a copy of this judgment after hearing the counsel on both sides. Till then, the interim order passed by this court shall continue to be in force. Hand over a copy of the judgment to the counsel on both sides on usual terms and send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv