IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18302 of 2008(D) -------------------------- AGAINST THE ORDER DATED 13/06/2008 IN IA 4009/08 IN OS.../2008 of PRL.SUB COURT,THRISSUR .................... PETITIONER: ------------ 1. SHAJI, AGED 30 YEARS, S/O.KUMARAN, KANDAMPULLY HOUSE, KATTAKAMBAL VILLAGE, DESOM, THALAPPILLY TALUK. THRISSUR DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER PRAVEENA. 2. PRAVEENA, AGED 29 YEARS, W/O.SHAJI, KANDAMPULLY HOUSE, KATTAKAMBAL VILLAGE DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT. 3. JOSE MEENATTOOR, AGED 64 YEARS, AGRICULTURIST, S/O.JOSEPH, MEENATTOOR HOUSE, KILLANNUR VILLAGE, P.O.MULANKUNNATHUKAVU, THRISSUR DT. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL SRI.M.R.DHANIL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THRISSUR. 2. FOREST RANGE OFFICER, WADAKKANCHERY RANGE, P.O.ENKAKKAD, WADAKKANCHERY. BY SENIOR GOVT. PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.18302 of 2008 ------------------------------- Dated this the 18th June, 2008. J U D G M E N T Petitioners are the plaintiffs in a suit instituted before the Sub Court, Thrissur. The suit was filed against the State and the Forest Range Officer. It was instituted before sending a notice under Section 80 of the Code of Civil Procedure. A petition was filed seeking leave of the court to institute the suit without a notice, as provided under Section 80(2) of Code of Civil Procedure. According to the petitioners, suit was filed on 10.6.2008, and it was taken up on 11.6.2008 and notice to the Government Pleader was ordered, and posted to 13.6.2008, on which date, Government Pleader appeared and sought time for objection and was posted to 10.7.2008. It was contended that though I.A.No.4105/2008 was filed to advance the case, it was taken up, as the court was not sitting on that date. The learned counsel further submitted that subsequently the petition was taken up, and the petition now stands posted to 19.6.2008. This petition is filed under Article 227 of Constitution of India for a direction to take up Exts.P2 to P5 applications. W.P.(C) No.18302/2008 2 In view of the submission that the case already stands advanced to 19.6.2008, I do not find that there need be any direction to advance the case as sought for. The Sub Judge is directed to pass appropriate orders in Ext.P5 application filed under Sub-section 2 of Section 80 of Code of Civil Procedure and also on the application filed under Order XXXIX Rule 1 of Code of Civil Procedure, as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE nj.