IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 12163 of 2010(O) ----------------------------------- OS.27/2010 of MUNSIFF COURT, THALASSERY ........................................ PETITIONER(S): IST DEFENDANT ---------------------------- MEETHALE CHEEKOLI NASEEMA, D/O.ABDULLA HAJI, AGED 37, RESIDING AT PEEDIKAKKUNI, PERINGATHUR AMSOM, KARIYAD DESOM, P.O.KIDANHI, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): PLAINTIFF/RESPONDENTS 2 TO 5 ------------------------------------------- 1. THONDIYIL KADEESA, D/O.MAMMAD, AGED 71, RESIDING AT POTTAKKUNNINU THAZHE PARAMBA, PERINGATHUR AMSOM, KARIYAD DESOM, THALASSERY. 2. MOIDEEN HAJI, S/O.MAMMU HAJI, AGED 65, RESIDING AT PEEDIKAKKUNI, PERINGATHUR AMSOM, KARIYAD DESOM, P.O.KIDANHI. 3. MAHAMOOD, S/O.MOIDEEN HAJI, AGED 43, RESIDING AT PEEDIKAKKUNI, PERINGATHUR AMSOM, KARIYAD DESOM, P.O.KIDANHI. 4. KUNHIKANANKOTT MAHAMOOD, S/O.AMMAD, AGED 48, CHERUVAYAL HOUSE, PERINGATHUR AMSOM, KARIYAD DESOM, P.O.KIDANHI. 5. KAREEM NADAKKOTH, FATHER'S NAME NOT KNOWN, AGED 45, NADAKKOTH HOUSE, PERINGATHUR AMSOM, KARIYAD DESOM, THALASSERY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. P. BHAVADASAN, J --------------------------- W.P.(C).No.12163 OF 2010 ----------------------------------- Dated this the 7th day of April, 2010 J U D G M E N T This is a petition filed under Article 227 of Constitution of India seeking the following reliefs : Direct the Munsifif Court, Thalassery to dispose I.A.610/10 in O.S.27/10 before summer vacation or in the alternative direct the District Court, Thalassery to dispose of the above I.A. During vacation as an urgent matter. And award cost to the petitioner. 2. The petitioner is the first defendant in O.S.27/10 pending before the Munsiff court, Thalassery. Suit is one for permanent prohibitory injunction restraining the defendants from carrying out illegal excavation of ordinary earth from plaint B schedule property. Temporary injunction was granted as per the order in I.A.187/10. The petitioner claims that immediately on receipt of the notice, petitioner entered appearance and filed I.A.610/10 seeking permission to excavate a particular portion of the property . Objection was filed by the respondent. 3. It is pointed out that even when the petition was sought to be advanced, the learned Munsiff posted the case to 17.5.2010. The petitioner is aggrieved by the delay in disposing the petition and causes great hardship to him. It is highly necessary that the petition filed by him is to be disposed of at the earliest. 4. Since the summer vacation is far approaching, no purpose will be served by giving the direction sought for. However petitioner is at liberty to move vacation court in accordance with law. With the above direction the petition is disposed of. P. BHAVADASAN, JUDGE. Sou.