IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23433 of 2010(O) -------------------------- CMA.16/2008 of ADDITIONAL DISTRICT COURT (ADHOC), MANJERI OS.156/2008 of MUNSIFF COURT, MANJERI .................... PETITIONER(S): --------------- SABULUSSALAM HIGHER SECONDARY AND HIGH SCHOOL, MOORKANAD.P.O., URNGATTIRI AMSOM &DESOM ERNAD TALUK, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER, KOLLATHODI AHAMMEDKUTTY. BY ADV. SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON RESPONDENT(S): --------------- MUNDADAN ABDUL HAMMED, S/O.UMMERKUTTY HAJI, REPRESENTED BY HIS WIFE AND AUTHORIZED AGENT SAJITHA.N.V. URNGATTIRI AMSOM, MOORKANAD DESOM ERNAD TALUK, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------------- W.P.(C) No.23433 OF 2010 -------------------------------------- Dated this the 28th day of July, 2010 J U D G M E N T ~~~~~~~~~~~ Petitioner, having suffered a confirmed order of injunction restraining it from permitting its students to use urinals/latrines constructed recently in the ground floor adjacent to the schedule property until further orders and a direction to prevent flow of waste water from the concrete slab/roofing sheet of urinals/latrines abutting the well of respondent and a further direction to the petitioner to make arrangements either to repair the urinals/latrines marked Nos. 2 and 4 (in the sketch of the Commissioner) or construct new one within 15 days without causing inconvenience to the respondent and his family, has challenged that confirmed order in this Writ Petition. Though, several grounds are urged in the Writ Petition in challenge of order of learned Munsiff as confirmed by the learned Additional District Judge-I, Manjeri, in C.M.A.No.16/2008, after arguing the matter for some time, learned counsel stated that he is not pursuing the contentions in this Writ Petition and that he may be allowed to pursue those contentions in the suit and a direction may be issued to the W.P.(C) No.23433/2010 2 learned Munsiff, Manjeri to dispose of the suit as early as possible considering the difficulties being suffered by petitioner and the 2000 and odd students studying in its institution. 2. Having heard the learned counsel for petitioner, I am inclined to allow that request. Since the matter involves on the one side the nuisance allegedly suffered by the respondent and on the other side inconvenience allegedly being suffered by the students it is necessary that the case is disposed of at the earliest. In the circumstances this Writ Petition is disposed of without prejudice to the right of petitioner to urge all its contentions as pleaded in the trial court at the time of trial and directing learned Munsiff to expedite trial and disposal of the suit giving it top priority after giving both sides opportunity to adduce evidence. It is also directed that the learned Munsiff shall dispose of the suit untrammeled by the observations or findings contained in the impugned order or judgment. Writ Petition is disposed of as above. (THOMAS P. JOSEPH, JUDGE) ps