IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 14100 of 2008(C) -------------------------- CMA.19/2007 of D.C. & SESSIONS COURT,KOZHIKODE OS.11/2007 of PRL.M.C.,KOZHIKODE-II .................... PETITIONER: ------------ M.M.MATHEW, AGED 69 YEARS, S/O.MATHEW,MANAPURANTHA HOUSE, THIRUVAMBADI AMSOM DESOM,PO.THIRUVAMBAI KOZHIKODE TALUK REP.BY POWER OF ATTORNEY HOLDER, JIJI MATHEW,D/O.M.M.MATHEW BY ADV. SRI.P.SANTHALINGAM (SR.) SRI.INNOCENT FRANCIS PAPALI SMT.K.USHA RESPONDENTS: -------------- 1. JOSE JACOB, AGED 45 YEARS, S/O.JACOB THURUTHIMATTATHIL HOUSE,THIRUVAMBADI AMSOM DESOM, THIRUVAMBADI, KOZHIKODE TALUK 2. POLI JACOB,AGED 42 YEARS,S/O.JACOB, THIRVAMBADI AMSOM ,DESOM,THIRUVAMBADI, KOZHIKODE TALUK 3. UNNEENKUTTY, AGED 63 YEARS, S/O.MOIDEEN KOTTAKADAN HOUSE,THIRUVAMBADI AMSOM ,DESOM, THIRUVAMBADI,KOZHIKODE TALUK. 4. ROSAMMA MATHEW, AGED 55 YEARS,W/O.MATHEW KOLLUKULANGARA HOUSE,THIRUVAMBADI AMSOM,DESOM, THIRUVAMBADI,KOZHIKODE TALUK 5. THE SPECIAL GRADE SECRETARY, THIRUAMBADI GRAMA PANCHAYAT,THIRUVAMBADI AMSOM DESOM,THIRUVAMBADI PO.THIRUVAMBADI VILLAGE, KOZHIKODE DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.14100 of 2008 ------------------------------- Dated this the 21st May, 2008. J U D G M E N T Petitioner is the plaintiff in O.S.No.11/2007, on the file of the Munsiff Court, Kozhikode. That suit was one for injunction. I.A.No.149/2007 was filed under Order XXXIX Rule 1 of the Code of Civil Procedure for an order of temporary injunction. Under Ext.P1 order, the petition was dismissed. It was challenged in C.M.A.No.19/2007. The learned District Judge under Ext.P4 order dismissed the C.M.A. confirming Ext.P1 order. Ext.P4 order is challenged in this writ petition impleading 5th respondent also, who is not a party to Ext.P1 or Ext.P4 orders. The case of petitioner is that under Ext.P6 order passed by this Court in W.P.(C) No.13705/2007, a direction was passed to consider a petition filed by the petitioner and not to proceed with the construction of the road, till orders are passed in that petition and courts below should have granted the order of injunction. 2. On going through the orders of the courts below, I do W.P.(C) No.14100/2008 2 not find any illegality or irregularity warranting interference in exercise of the extra ordinary powers of this Court under Article 227 of the Constitution of India. In Exts.P1 and P4 orders, courts below considered the question of granting temporary injunction in the light of the settled legal position. Petition is therefore dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.