IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 27999 of 2008(G) -------------------------- CMA.168/2007 of DISTRICT COURT, THALASSERY OS.173/2007 of MUNSIF COURT, KUTHUPARAMBA (IA.1414/2007) .................... PETITIONER(S): --------------- K.SATHEESH KUMAR, S/O APPUKUTTAN NAIR, AGED 40 YEARS, P.W.D. CONTRACTOR, AMBIKALAYAM, CHELAVOOR P.O., KOZHIKODE DIST. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): --------------- THE SECRETARY, KUTHUPARAMBA MUNICIPALITY, P.O. KUTHUPARAMBA, REPRESENTING THE KUTHUPARAMBA, MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) No. 27999 of 2008 * * * * * * * * * * * * * * * * * * Dated: 24-09-2008 JUDGMENT Petitioner is the plaintiff in O.S. 173 of 2007 on the file of the Minsiff's Court, Kuthuparamba. The said suit was filed seeking a perpetual injunction restraining the Secretary, Kuthuparamba Municipality from terminating the agreement in favour of the petitioner at the risk and cost of the petitioner on the allegation that the petitioner has violated the terms of the agreement. Along with the suit, he also filed I.A. 1414 of 2007 for temporary injunction. The application for temporary injunction was, after hearing both sides, dismissed. The same has been confirmed in appeal by the District Judge, Thalassery in C.M.A. 168 of 2007. As per the impugned orders the question of risk and cost has to be decided by the Court after trial. W.P.C. 27999 of 2008 -:2:- 2. This Court sitting in the visitorial jurisdiction under Art. 227 of the Constitution of India will be loathe to interfere with the concurrent decisions of the courts below refusing temporary injunction to the plaintiff/petitioner. However, it goes without saying that the trial of the suit can only be untrammeled by the observations and findings made by the courts below in the impugned orders. The learned Munsiff, Kuthuparamba will have to decide the suit in accordance with law and the oral and documentary evidence available before him and in accordance with the statutory provisions governing the matter. This Writ Petition is disposed of as above. V. RAMKUMAR, (JUDGE) ani W.P.C. 27999 of 2008 -:3:- ani.