IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 OP(C).No. 1072 of 2011(O) ------------------------------------- OS.228/1995 of III ADDL.SUB COURT, KOZHIKODE .................... PETITIONERS ---------------------- 1. PAYYANAKKAL SREE BHAGAVATHY KSHETRA COMMITTEE SECRETARY, VALIYAPARAMBATH DASAN, S/O.VELAYUDHAN, RESIDING AT PANNIYANKARA AMSOM DESOM, KOZHIKODE. 2. PAYYANAKKAL SREE BHAGAVATHY KSHETRA COMMITTEE PRESIDENT, POONCHOLA APPUTTY, S/O.APPU, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.M.G.ASHOKAN RESPONDENT(S): ------------------------- 1. THAZHATHEYIL RAMESAN, S/O.SAMIKKUTTY, NADUVATTOM AMSOM DESOM, KOZHIKODE TALUK. 673 014. 2. BAGAVATHY KANDY RAJESH, S/O.SAHADEVAN, PANNIYANKARA AMSOM DESOM, KOZHIKODE. 673 003. 3. KADAPPAYIL VIVEKANANDAN, S/O.RARU, PANNIYANKARA AMSOM DESOM, KOZHIKODE.673 003 4. KALATHUMARATH SAJEEVAN, S/O.BHASKARAN, PANNIYANKARA AMSOM DESOM, KOZHIKODE.673 003. 5. PADANNAVALAPPIL RAMAN, S/O.KANDAN, PANNIYANKARA AMSOM DESOM, KOZHIKODE. 673 003. 6. KADAPPAYIL VINOD KUMAR, S/O.BHASKARAN, PANNIYANKARA AMSOM DESOM, KOZHIKODE. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(Civil). No. 1072 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March, 2011. JUDGMENT The only prayer made in this petition is for a direction to the III Additional Sub Court, Kozhikode to consider and dispose of Ext.P6 pending before the said court. 2. The petitioners would point out that they are the defendants in O.S.228 of 1995 on the file of the III Additional Sub Court, Kozhikode. The suit was one for prohibitory injunction and other reliefs. It is stated that later the suit was amended for a declaration that the temple is a private temple. There are several other matters mentioned in the petition, which are not very relevant for the present purpose. 3. Suffice it to say, the petitioners had filed Ext.P6 petition pointing out that the annual festival is to be conducted on 21st, 22nd and 23rd March, 2011 and seeking O.P.(C).1072/2011. 2 directions to the Receiver for the smooth conduct of the festival. The petition was seen to have been filed on 5.2.2011. It is pointed out that initially notice was issued and the matter was posted to 8.4.2011. The petitioners have moved a petition to advance the petition in the light of the urgency involved. But that is also pending. Petitioners say that unless the matter is disposed of, the purpose for which the petition was filed will be defeated. 4. After having gone through the petition, it is felt that the grievance of the petitioners is genuine. The petition concerned was filed on 5.2.2011. This is a case where there is appearance on behalf of the respondents before the court below. It is pointed out that the court below was addressed itself to the urgency of the situation but it had acted mechanically. Whatever that be, it is appropriate to direct the court below dispose of the petition at the earliest. In the result, there will be a direction to the III Additional Sub Court, Kozhikode to take up I.A.716 of 2011 in O.P.(C).1072/2011. 3 O.S. 228 of 1995 and dispose of the same as expeditiously as possible, at any rate before 30.3.2011. The original petition is disposed of as above. P. BHAVADASAN, JUDGE sb.