IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26410 of 2008(R) -------------------------------------- CMA.61/2008 of DISTRICT COURT, THRISSUR IA. NO.2322/ 06 IN OS.821/2006 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------------- SANKARAN NAIR @ SANKARAN KUTTY, S/O.MEENAKSHI AMMA, KUNDUKKATTIL HOUSE, MULLUR DESOM, CHALAKKAL VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.P.RAMACHANDRAN SRI.E.M.UNNIKRISHNAN (MANJERI) RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, P.O.AYYANTHOLE. 2. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. BY SR. GOVERNMENT PLEADER SRI. P.K.BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.26410 of 2008 ------------------------------- Dated this the 2nd September, 2008. J U D G M E N T Petitioner is the appellant and respondents the respondents in C.M.A.No.61 of 2008, on the file of District Court, Thrissur. That appeal was filed challenging Ext.P1 order passed by Munsiff, Thrissur, in I.A.No.2322 of 2006 in O.S.No.821 of 2006, an application filed by the petitioner for an order of temporary injunction under Order XXXIX of Rules 1 and 2 of Code of Civil Procedure. C.M.A.No.61 of 2008 was dismissed for default on 23.6.2008. Ext.P2 application under Rule 19 of Order XLI of Code of Civil Procedure was filed on the very next day for readmitting the appeal, and it is pending. This petition is filed under Article 227 of the Constitution of India for a direction to District Court, Thrissur, to dispose of Ext.P2 application, as well as the appeal, and also for an order directing first respondent to keep in abeyance all further proceedings pursuant to the notification dated 24.2.2006. W.P.(C) No.26410 of 2008 2 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. Learned counsel appearing for the petitioner argued that the application filed by the petitioner was not received stating that this Court has stayed the proceedings and Government is now proceeding after receiving Ext.P4 application alleged to have been submitted on 25.3.2006, when Exts.P6 and P7 certificates which are shown to have been produced along with Ext.P4 application, were issued by the respective authorities only in 28.5.2008, and therefore, prima facie Ext.P4 application was not received on 25.3.2006 and could only be submitted after 28.5.2008, and therefore, Government cannot be allowed to proceed with the notification dated 24.2.2006. Learned counsel also submitted that Ext.P2 now stands posted to 3.9.2008. 4. It is not for this Court to pass an order in the application for injunction, when under Ext.P1 order, the petition was dismissed and the CMA is yet to be readmitted. In such circumstances, learned District Judge is directed to pass W.P.(C) No.26410 of 2008 3 appropriate orders in Ext.P2 application on 3.9.2008 itself. If Ext.P2 application is allowed, learned District Judge is to pass appropriate orders in C.M.A. tomorrow itself. Writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.