IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WP(C).No. 12364 of 2009(O) ----------------------------------------- PETITIONER(S): -------------------- CHERUKATTUMANAYIL RAVEENDRAN, S/O.PARUKKUTTIYAMMA, AGED 55 YEARS, MANAGER, DEVIVILASAM ALP SCHOOL, PURATHOOR, TIRUR TALUK. BY ADV. SRI.A.BALAGOPALAN RESPONDENT(S): ----------------------- KADAMBIL BALAKRISHNAN, S/O.KUMARAN, AGED 48 YEARS, PURATHOOR AMSOM DESOM, TIRUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C) No.12364 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of April, 2009 J U D G M E N T ---------------------- Respondent-Defendant in I.A. No.890 of 2009 in O.S. No.129 of 2009 of the Munsiff's Court, Tirur is the petitioner before me. Respondent herein filed the suit for a decree for fixation of boundary between plaint A and B schedules, for injunction against trespass into B schedule property and construction of building in the plaint A schedule in violation of the building rules. Application was resisted by the petitioner on several grounds including that the construction of the school building in the A schedule has to be completed with the funds allotted from the Block Panchayat Office. Petitioner's grievance is that though I.A. No.890 of 2009 was heard on 3.4.2009 and posted for orders on 8.4.2009 that application now stands posted on 21.5.2009. Learned counsel for petitioner submits that though what is prayed for in the suit is only injunction against construction of building in plaint A schedule in violation of the building rules a blanket interim order of injunction against any sort of construction in plaint A schedule is grated. He therefore filed this Writ Petition under Article 227 of the Constitution of India seeking a declaration that the interim order of injunction will not prevent the petitioner from continuing with the W.P(C) No.12364 of 2009 -: 2 :- construction of the building in plaint A schedule on the basis of Ext.P8 permit and approved plan and seeking other reliefs. 2. Since the court of Munsiff has been closed for vacation and the District Court Manjeri is functioning as the Vacation Court, the proper course open to the petitioner is to file appropriate application before that Vacation court under the provisions of the Civil Courts Act to take up the application pending in the Munsiff's Court and seek appropriate reliefs. That being the proper and efficacious remedy available to the petitioner, I am not inclined to entertain this Writ Petition. Accordingly this Writ Petition is dismissed without prejudice to the right of the petitioner to file appropriate application before the vacation court. THOMAS P.JOSEPH, JUDGE. vsv W.P(C) No.12364 of 2009 -: 3 :- THOMAS P.JOSEPH, J. =================== S.A. NO. OF 2001 =================== J U D G M E N T APRIL, 2009