IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 19097 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 490/09 IN CMA.14/2009 of SUB COURT, SULTHAN BATHERY OS.99/2009 of MUNSIFF COURT, KALPETTA (IA 405/09) .................... PETITIONER(S): APPELLANT IN CMA 14/2009-SUB JUDGE,SULTHAN BATHERI/PETITIONER IN I.A.405/2009-MUNSIFF,WAYANAD/ PLAINTIFF IN O.S.99/2009-MUNSIFF, WAYANAD. ---------------------------------------------------------------------------------------------- JOHNSON, S/O.VARKEY, AGED 41 YEARS, CHRISTIAN, AGRICULTURIST, RESIDING AT PULIKUTHIYIL, PADICHIRA AMSOM DESOM,SULTHAN BATHERY TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.D.PHILIP, AGED 52 YEARS,S/O.DEVASSYA,CHRISTIAN, RESIDING AT MAILATHU VEEDU, MULLENKOLLY, POST PULPALLY,SULTHAN BATHERY TALUK,WAYANAD DISTRICT. BY ADVS. MR.B.KRISHNAN, MR.R.PARTHASARATHY. RESPONDENT(S): RESPONDENTS IN CMA 14/2009-SUB JUDGE, SULTHAN BATHERY/RESPONDENTS IN I.A.405/2009- MUNSIFF, WAYANAD/DEFENDANTS IN O.S.99/2009- MUNSIFF, WAYANAD. ------------------------------------------------------------ 1. PALARAMBATH NOUSHAD, S/O.SOOPY, AGED 39 YEARS, AGRICULTURIST, RESIDING AT MUTTIL SOUTH AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DISTRICT. 2. PALARAMBATH SAFIA NOUSHAD, W/O.NOUSHAD, 30 YEARS, AGRICULTURIST, RESIDING AT MUTTIL SOUTH AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DISTRICT. 3. PALARAMBATH MUSTHAFA, S/O.SOOPY, 42 YEARS, AGRICULTURIST, RESIDING AT MUTTIL SOUTH AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DISTRICT. 4. NEELIKANDY ABDULRAHIMAN, S/O.KUNHIPOCKER HAJI, 46 YEARS, AGRICULTURIST, RESIDING AT MUTTIL SOUTH AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` W.P.(C) No. 19097 OF 2009 O ```````````````````````````````````````````````````` Dated this the 8th day of July, 2009 J U D G M E N T The writ petition is filed by the plaintiff in O.S.No.99/1999 on the file of the Munsiff Court, Kalpetta. In the suit the plaintiff moved an application for interim injunction which after hearing both sides was dismissed. Ext.P4 is the copy of that order. Petitioner/ plaintiff preferred an appeal as CMA.No.14/09 against the order dismissing his application for injunction before the Sub Court, Sulthan Bathery. Ext.P1 is the copy of the appeal memorandum. The present petition has been filed seeking directions/orders to the District Judge, Wayanad to hear the interlocutory application and also the above appeal filed before the Sub Court, Sulthan Bathery since that court remains without a presiding officer for the last few days. A report from the Registry was called for as to how long the court is remaining vacant without a presiding officer and also which court is in charge of the Sub Court, Sulthan Bathery. It is reported the Chief Judicial Magistrate, Kalpetta has been given full additional charge of Sub WPC.19097/09 : 2 : Court, Sulthan Bathery, which remains without presiding officer from 29.6.2009 and he is empowered to hear civil cases as well. In the circumstances, the petitioner can approach the Chief Judicial Magistrate, Kalpetta to get interim orders in his appeal by filing appropriate petitions as provided by law. The learned counsel for the petitioner wanted this court to give a specific direction to the Chief Judicial Magistrate, Kalpetta to entertain the application moved by him so that expeditious consideration of the appeal, which is yet to be admitted, and also the interlocutory application filed in the appeal can be taken for consideration. If any application is moved by the petitioner as stated above, the Chief Judicial Magistrate, Kalpetta shall consider and dispose it as expeditiously as possible. Writ petition is closed. Handover a copy of the judgment to the counsel for the petitioner on usual terms. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks