IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 20227 of 2008(G) -------------------------- PETITIONER(S): --------------- V.T.LAZAR, S/O.THOMAS, AGED 45 YEARS, VELLARA HOUSE, THIRUVENKIDAM P.O., GURUVAYOOR, THRISSUR DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) SRI.JEFRIN MANUEL RESPONDENT(S): --------------- 1. GURUVAYOOR MUNICIPALITY REPRESENTED BY THE SECRETARY, MUNCIPAL OFFICE, GURUVAYOOR P.O., GURUVAYOOR. 2. C.M.PAUL, S/O.MATHAPPAN, CHOWWALLOOR HOUSE, THIRUVENKIDAM P.O., GURUVAYOOR, REPRESENTED BY HIS POWER OF ATTORNEY SRI.PORINCHUKUTTY, OLAKKENKIL HOUSE, THIRUVENKIDAM P.O., GURUVAYOOR. 3. THE CIRCLE INSPECTOR OF POLICE, GURUVAYOOR. R1 BY ADV.SRI.K.K.CHANDRAN PILLAI, S.C. R2 BY ADV.SRI.K.RAVEENDRAN SRI.P.K.YUSUFF ISSUDDIN R3 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.20227/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PROVISIONAL ORDER DATED 11.4.2005. EXT.P2: TRUE COPY OF THE NOTICE DATED 14.2.2006 PASSED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER ALONGWITH OTHER RESIDENTS IN THE LOCALITY. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN,J. ------------------------------------------- W.P(C).No.20227 OF 2008 ------------------------------------------- Dated this the 24th day of May, 2010 JUDGMENT The issue raised in this writ petition is fairly covered for consideration in W.P(C).9830/06, which has been referred to the Kerala Mediation Centre. In fact, contrasting the pleadings in both the cases and taking into consideration the sequence of posting dates, it can be easily noted that this writ petition was filed only during the interregnum when W.P(C).9830/06 stood dismissed for default. That writ petition having been restored to file and this Court having taken cognizance of that matter and granted an interim order, I do not find any ground to entertain this writ petition under Article 226 of the Constitution of India. More over, this writ petition does not carry any interim order. In such circumstances, this writ petition is dismissed without prejudice to the prosecution of W.P(C).9830/06 and the petitioner in this case also enjoying any benefit of the judgment that may be ultimately issued in that case. It is further clarified WPC.20227/08 2 that the petitioner herein may also be present, if so advised, in the mediation for which reference is made in W.P(C).9830/06. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/05.