IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3166 of 2009(B) ------------------------------------------ OS.800/1999 of ADDL.M.C., KOTTAYAM .................... PETITIONERS: 1. DAMODARAN PURUSHOTHAMAN NAMPOOTHIRI, AGED ABOUT 80, MUNKAKAL PALACE, KULANADA P.O., PANDALAM. 2. NARAYANAN VASUDEVAN NAMPOOTHIRI, AGED ABOUT 52, ABHAYAM, KANIMANGALAM, THRISSUR, 3. NARAYANAN NARAYANAN NAMPOOTHIRI, RESIDING AT KARINATTU ILLOM, PANACHICADU, KUZHIMATTOM P.O., PANACHICADU, KOTTAYAM. 4. NARAYANAN VASUDEVAN NAMPOOTHIRI, KAIMUKKU ILLOM, PANACHICADU, DO. DO. 5. NARAYANAN NARAYANAN NAMPOOTHIRI, DO. DO. 6. VASUDEVAN NARAYANAN NAMPOOTHIRI, DO. DO. 7. VASUDEVAN SREEKUMAR, S/O. VASUDEVAN, DO. DO. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENTS: 1. NARAYANAN NAMPOOTHIRI DAMODARAN NAMPOOTHIRI, S/O. NARAYANAN NAMPOOTHIRI, ALSO CALLED AS K.N. DAMODARAN NAMPOOTHIRI, RESIDING AT KIZHUPURATHU ILLOM, PANACHICADU KARA, PANACHICADU VILLAGE, KOTTAYAM TALUK AND DISTRICT. 2. SREEJITH, S/O K.N.DAMODARAN NAMPOOTHIRI, DO. DO. 3. NARAYANAN NEELAKANDAN NAMPOOTHIRI, RESIDING AT PZHAYAKARINATTU HOUSE, PANACHICADU, KUZHIMATTOM P.O., PANACHICADU, KOTTAYAM. 4. VASUDEVAN KIRAN, S/O VASUDEVAN NAMPOOTHIRI, RESIDING AT ABHAYAM, KANIMANGALAM, THRISSUR. 5. NARAYANAN, S/O NARAYANAN NAMPOOTHIRI, AGED 21, KAIMUKKU ILLOM, KUZHIMATTOM, PANACHICADU, KOTTAYAM. 6. NARAYANAN PRAVEEN, S/O DO. DO. DO. 7. SREEDEVIKUTTY, KIZHUPURATHU MADATHIL, KUZHIMATTOM P.O., PANACHICADU VILLAGE AND KARA. 8. PANACHICADU DEVASWOM REP. BY PRESIDENT, PURUSHOTHAMAN NAMPOOTHIRI, OORANMAYOGAM, PANACHICADU, KOTTAYAM. 9. K.UMADEVI, THURUTHEL MADOM, OLAMATTOM, THODUPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.3166 of 2009 B -------------------------- JUDGMENT Petitioners are defendants 1, 3, 5 and 7 to 10 in O.S.No.800/99 on the file of the Munsiff's Court, Kottayam. It is submitted that the suit is one filed by respondents 1 and 2 herein for framing of a scheme for administration of Panachicadu Devaswom, a private family trust of three Illoms at Panachicadu. Petitioners have filed this writ petition assailing Exhibit P3 order passed by the court below and to order stay of all further proceedings pursuant to Exhibit P3, pending disposal of this writ petition. 2. Exhibit P3 impugned order is one passed as early as on 25.10.2008. Copy thereof was applied for on 3.11.2008 and was obtained on 19.11.2008. But, this writ petition has been filed as late as on 29.1.2009. It is submitted that the suit is included for trial in the list on 4.2.2009. Apparently, the object of this writ petition is to WPC 3166/09 2 protract trial of the suit by getting the suit removed from the list. As per Exhibit P3 order, the court below has directed the respondents to produce the documents in their possession giving liberty to them to file affidavit, if any of the documents called for are not in their possession. The said order does not cause any harm or injury to the petitioners so as to assail it before this Court, if the purpose of filing this writ petition is not to protract trial of the suit. There is absolutely no merit in this writ petition. This writ petition is, hence, dismissed. 30th January, 2009 (K.P.Balachandran, Judge) tkv