IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 FAO.No. 95 of 2011() ----------------------------- (AGAINST THE ORDER DATED 16.3.2011 IN IA NO.1197/2011 IN OS NO.232/2011 OF THE PRINCIPAL SUB COURT, KOLLAM) ......................................... APPELLANT (S):/IST RESPONDENT: -------------------------------------------------- AJAYAKUMAR, AGED 50 YEARS, S/O.SREEDHARAN, RESIDING AT 'LATHA MANDIDRAM', FROM KUNNATHU VEEDU, CHEPRA P.O., ODANAVATTOM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): PETITIONER AND 2ND RESPONDENT: ------------------------------------------------------------------------------ 1. AMBILI, AGED 29 YEARS, D/O.SREEDHARAN, KUNNUMPURATHU VEEDU, HOUSE NO.1015(14/91), NEDUNGOLAM P.O., PARAVOOR VILLAGE, KOLLAM DISTRICT-691001. 2. KERALA LAND DEVELOPMENT CORPORATION LTD. REP. BY ITS MANAGING DIRECTOR, HAVING REGISTERED OFFICE NEAR 'RAMA NILAYAM', CHEMBUKAVU, THRISSUR, PIN-680020. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FAO 95/2011: APPELLANT'S EXHIBITS: ANNEXURE A-1 G.O.(RT) NO.1164/07/AD DATED 30.6.2007. ANNEXURE A-2 TRUE COPY OF THE PROJECT SUMMARY OF THE KERALA LAND DEVELOPMENT CORPORATION PERTAINING TO ANNEXURE A-1. ANNEXURE A-3 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE ORIGINAL BIDDER IN FAVOUR OF THE PETITIONER. ANNEXURE A-4 TRUE COPIES OF THE PETITIONS FILED BY THE APPELLANT HEREIN BEFORE THE CI OF POLICE PARAVUR AND THE PROJECT ENGINEER OF KLDC BEFORE THE DISTRICT COLLECTOR KOLLAM DATED 23.2.2011 AND 28.2.2011 REGARDING THE OBSTRUCTIONS IN PROCEEDING WITH THE WORK. ANNEXURE A-5 TRUE COPY OF THE PLAINT IN OS 232/2011 OF THE HONOURABLE SUB COURT, KOLLAM. ANNEXURE A-6 TRUE COPY OF IA 1197/2011 IN OS 232/2011 OF THE HONOURABLE SUB COURT, KOLLAM. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.No.95 of 2011-A ----------------------------------------- Dated, this the 7th day of September, 2011 J U D G M E N T K.M.Joseph, J. Appellant challenges the exparte order of injunction granted by the Sub Court, Kollam in I.A.No.1197 of 2011 in O.S.No.232 of 2011. Briefly put, the case of the appellant is as follows: The Ist respondent/plaintiff is a sweeper in a resort namely 'Fragrant Nature', illegally functioning on the bank of Malakayal, a single crop wet land having 52 hectors in extent where there is no cultivation for the last 24 years due to flood water and salt water intrusion. It is due to non-cultivation and illegal sand mining the said paddy field became water logged throughout the year and taking advantage of the situation the resort owner began to use the same for the purpose of boating of his customers. It is while so as part of the policy decision of the Government of Kerala to provide agricultural infrastructure and development, the 2nd respondent submitted a project before the Government for which by Annexure A-1 the Government granted FAO 95/2011 -2- sanction. Annexure A-2 purports to be the project summary. On the basis of the administrative sanction tenders were invited by the 2nd defendant Corporation for the implementation of the project which is awarded to Sri.Jacob Chacko and thereafter the said bidder and the 2nd respondent executed work agreement. The appellant is the power of attorney holder of the successful bidder. It was when the work was commenced the suit came to be filed and an order of injunction was passed. According to the appellant the Court has not considered the averments in the plaint and in the IA and the consequences of passing of an uncertain order. It is the further case of the appellant that there is no application of mind and that the prayer in the plaint and interlocutory application are mischievous and the present order is operating as a prohibition to the entire work. 2. We heard the learned counsel for the appellant. We take note of the fact that it is an exparte order of injunction and we feel that it will be appropriate that the appellant contests the matter and a decision is taken at the earliest. Learned counsel for the appellant submits that counter would have been filed and that if it is not filed it will be filed on the reopening day of FAO 95/2011 -3- the Court after Onam Holidays. In such circumstances, we dispose of the appeal as follows: The Sub Court, Kollam will take up I.A.No.1197/2011 in O.S.No.232/2011 and pass orders on the same on or before 19.10.2011. We make it clear that we have not expressed any view regarding the merits of the matter. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS