IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30121 of 2009(O) -------------------------- PETITIONER: --------------- BABU THOMAS CHANDY, S/O.LATE CHANDY, KUDIYATHUKUZHUPPIL HOUSE, ERAVIMANGALAM KARA AND POST, MUTTUCHIRA VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. MR.S.SUDHEESH KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE CHIEF ENGINEER, PROJECT-II, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 3. DIVISIONAL ENGINEER, M.V.I.P. KURUPPANTHARA KADAVU, KURUPPANTHARA POST, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.30121 of 2009 - O --------------------------------- Dated this the 27th day of October, 2009 J U D G M E N T Writ petition is filed seeking the following reliefs: “i) To declare that the action of the learned Munsiff at Vaikom listing O.S.No.352/2000 on 20.8.2009 without deciding the maintainability of the suit and dismissing the said suit on 20.8.2009 on the ground of default, and rejecting Ext.P6 application on the same day is highly wrong and improper. ii) To issue a writ of mandamus or any other appropriate writ, order of direction to the learned Munsiff at Vaikom, directing to dispose Ext.P7 restoration application as expeditious as possible, within a specific period of time that may be fixed by this Honourable Court.” 2. Petitioner is the plaintiff in O.S.No.352 of 2000 on the file of the Munsiff Court, Vaikom. In the above suit, the petitioner has challenged the proceedings initiated by the defendant in respect of the construction of a distributory to a canal which, according to the plan envisaged by the defendants, pass through his property. Plaintiff laid the suit seeking a decree of perpetual prohibitory injunction canvassing a case that an W.P.(C).No.30121 of 2009 - O 2 other alternative efficacious lay out can be made for drawing the distributory without affecting the plaint property. Pending the suit he had moved this Court by filing a writ petition in which an order was passed directing both parties to maintain status quo till disposal of his suit. Suit, now, admittedly, stand dismissed for default. Petitioner has filed an application under Order IX Rule 9 of the Code of Civil Procedure for restoration of the suit dismissed for default. He has also filed an application for maintaining the status quo till a decision is taken on his restoration application. Ext.P7 is the copy of the application moved for restoring the suit dismissed for default, and Ext.P9 application seeking for maintaining the status quo till disposal of the restoration application. In the writ petition the reliefs aforementioned are canvassed invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. Learned Government Pleader has taken notice for the respondents. I heard the counsel on both sides. 4. At the time of hearing the learned counsel for the petitioner confined his submissions to seek for an early disposal W.P.(C).No.30121 of 2009 - O 3 of Ext.P7 application by the court below and till then a direction/order to maintain the status quo which was prevailing till disposal of the suit dismissed for default. 5. Having regard to the submissions made and taking note of the facts and circumstances presented and in particular that land acquisition proceedings are in progress, I find it may not be proper and appropriate for this Court to pass any order on Ext.P9 application as requested for by the petitioner/plaintiff. However, there will be a direction to the court below to consider and dispose of Ext.P7 application, as expeditiously as possible, at any rate within, a period of two months from the date of receipt/production of a copy of this judgment. Writ petition is disposed as indicated above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-