IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 2239 of 2010(O) ------------------------- {OS.962/2009 of PRINCIPAL SUB COURT, ERNAKULAM} .................... PETITIONER(S): --------------- 1. K.H.ABDUL MAJEED, S/O. K.I.HASSAN ELLICKAL HOUSE, PATHADIPALAM, CHANGAMPUZHA NAGAR P.O.,ERNAKULAM. 2. K.H.MOHAMMED ALI, S/O. K.I.HASSAN ELLICKAL HOUSE, PATHADIPALAM, CHANGAMPUZHA NAGAR P.O.,ERNAKULAM. 3. K.H.ABDUL SALAM, S/O. K.I.HASSAN ELLICKAL HOUSE, PATHADIPALAM, CHANGAMPUZHA NAGAR P.O.,ERNAKULAM. 4. NAZEEMA KAREEM, W/O.LATE K.H.ABDULKAREEM ELLICKAL KAVUNGAPADATH HOUSE V.M.B.ROAD, PATHADIPALAM, KOCHI-33. 5. SHABNA KAREEM,D/O.LATE K.H.ABDULKAREEM ELLICKAL KAVUNGAPADATH HOUSE V.M.B.ROAD, PATHADIPALAM, KOCHI-33. BY ADV. SRI.JOSEPH A.VADAKKEL SRI.GEORGE KARITHANAM VARGHESE SRI.JOSE KURIAKOSE (VILANGATTIL) RESPONDENT(S): --------------- 1. N.A.SHERIFFA, W/O.A.M.KHADAR PIALLAI AGED 73 YEARS, ANJIKATH HOUSE VMB ROAD, PATHADIPALAM,COCHIN UNIVERSITY PO KOCHI-33 WP(C).No. 2239 of 2010 :: 2 :: 2. A.K.NAZAR, S/O.A.M.KHADAR PILLAI AGED 44 YEARS, ANJIKATH HOUSE,VMB ROAD, PATHADIPALAM,COCHIN UNIVERSITY PO,KOCHI-33 , 3. M/S. R.F.MOTORS PVT.LTD,REPRESENTED BY ITS MANAGING DIRECTOR, PATHADIPALAM,COCHIN UNIVERSITY PO,KOCHI-33 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------------------------ W.P.(C).No.2239 of 2010 ----------------------------------------------- Dated this the 22nd day of January, 2010 JUDGMENT The petitioners are defendants 2 to 6 in O.S.No.962/09 on the file of the Principal Sub Court, Ernakulam. The above suit is one for declaration and injunction and respondents 1 and 2 are the plaintiffs. 2. The 1st and 2nd respondents/plaintiffs have sought for a declaration that the establishment and the functioning of a workshop and service station by the 1st defendant in plaint B Schedule property is hazardous to the lives of the plaintiffs and their family members, and as such not liable to be carried on in that property, and for a prohibitory injunction, restraining the establishment and operation of the workshop and service station in that property. 3. In the suit, the plaintiffs have applied for an interim injunction against the defendants and the W.P.(C).No.2239 of 2010 :: 2 :: court below has passed an ex parte order of injunction by Ext.P3 order dated 24.12.2009. 4. The petitioners, on receiving notice, appeared before the court and filed a counter seeking the vacation of the ex parte order of injunction. Counter was filed on 6.1.2010. Despite persuasive requests made by the petitioners that they have already made all arrangements for commencing the operation of the service station and workshop, the court below has adjourned the case by posting it along with the suit on 22.2.2010, submits the counsel. An advance petition filed to hear and dispose of the injunction application, in which an ex parte order had been passed, it is submitted, has also been posted to 19.2.2010. In the circumstances indicated above, according to the counsel, the petitioners have approached this court with the above writ petition for an early hearing of the injunction application. W.P.(C).No.2239 of 2010 :: 3 :: 5. Having regard to the facts and circumstances of the case and taking note of the submissions presented, I find, no notice to the respondents is necessary and it is dispensed with. 6. It appears that the mandatory requirement under Order XXXIX Rule 3A of the Code Civil Procedure has not been taken note of by the court below. When an injunction has been ordered ex parte without notice to the opposite party, it is incumbent upon the court to make every endeavour to see that the application is finally disposed of within a period of 30 days from the date on which the injunction was granted. 7. There will be a direction to the court below to hear and dispose of Ext.P2 application in which Ext.P3 ex parte order of injunction has been passed within a period of 15 days from the date of production of a copy of this judgment. W.P.(C).No.2239 of 2010 :: 4 :: 8. Writ petition is disposed of as indicated above. Hand over a copy of this judgment to the learned counsel for the petitioner on usual terms and send a copy to the court concerned forthwith. Sd/- (S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy// P.S. to Judge.