IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 23842 of 2008(L) -------------------------- OS.6/2007 of DISTRICT COURT, KAVARATHY .................... PETITIONER: ------------ 1. KEEPAD ACHRIYODA MEPPADAILLAM ISOMMABI AGATHI ISLAND. 2. THALAKKADA MUMTAX, AGATHI ISLAND 3. KEEPAD ACHRIYODA MEPPADAILLAM ANWAR SADIQ, AGATHI ISLAND, THE PETITIONERS REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER KEEPADU ACHRIYODA MEPPADAILLAM ABDUL KALAM AZAD,AS IN THE COURT BELOW. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ------------- 1. ARABIYODA KASMIKOYA, BLOCK N O.2 AGATHI ISLAND. 2. ARABIYODA ABDUL JABBAR, REVENUE INSPECTOR, AGATHI ISLAND 3. ARABIYODA ABOOBACKER KOYA GOVT. COMMUNITY HEALTH CENTER, BLOCK II AGATHI ISLAND. 4. ARABIYODA AMINA BEEGAM, LIBRARY ATTENDER BLOCK II, AGATHI ISLAND 5. ARABIYODA AYISHA BEEGAM, HOUSE WIFE BLOCK II, AGATHI ISLAND 6. ARABIYODA SUBAIDABI, HOUSE WIFE BLOCK II AGATHI ISLAND. W.P.(C) No.23842 of 2008 : 2 : 7. ARABIYODA ABDUL MAFEED, AGRICULTURIST BLOCK II AGATHI ISLAND. 8. KEELAPURAM SHAMSHAD BEEGAM, HOUSE WIFE BLOCK II AGATHI ISLAND. 9. KEELAPURAM SHAMNA BEEGAM, HOUSE WIFE BLOCK II AGATHI ISLAND. 10. KEELAPURAM FAREESU (MINOR) STUDENT, BLOCK NO.II, AGATHI ISLAND 11. KEELAPURAM SAFAR (MINOR) STUDENT, BLOCK II AGATHI ISLAND (Respondents 10 and 11 through their mother 6th respondent) BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.23842 of 2008 ------------------------------- Dated this the 7th August, 2008. J U D G M E N T Petitioners are the plaintiffs in O.S.No.6 of 2007, on the file of District Court, Kavaratti, and respondents the defendants. The suit is for partition and separation of shares. Under Ext.P8 order, learned District Judge clarified Ext.P2 order dated, 21.5.2007, to the effect that Ext.P2 order does not bar respondents-defendants from taking electricity connection and ration card for the house in Survey No.902/5 where the sixth respondent is residing. Ext.P8 order was passed in Ext.P7 petition (I.A.No.6 of 2008). It is seen from Ext.P7 that the said petition was prepared on 5.2.2008 seeking permission of the court to obtain ration card and electricity to the house constructed in the property in respect of which Ext.P2 order of status quo was passed. 2. Learned counsel appearing for the petitioners argued that Ext.P8 order was passed without granting opportunity to the petitioners to file any objection and petitioners are residing in Agathi Island and they could not give instructions to the Mukthiyar to file W.P.(C) No.23842 of 2008 2 objections to Ext.P7 petition which was filed in Kavaratthy Island only on 5.8.2002. Hence, Ext.P8 order is to be quashed. Learned counsel argued that under Ext.P2 order, parties were directed to keep status quo of the properties and defendants who violated the order of injunction are not entitled to get any discretionary relief, and therefore, Ext.P8 order is not sustainable. 3. In the nature of the order to be passed in this petition, I do not find it necessary to issue notice to the respondents compelling them to appear before this Court. 4. Ext.P8 order was passed without affording an opportunity to the petitioners to raise their objections. Hence, Ext.P8 order is quashed. Learned District Judge is directed to afford an opportunity to the petitioners herein to file objections to I.A.No.6 of 2008, and pass appropriate orders, in accordance with law, after hearing the parties. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.