IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7549 of 2008(W) ------------------------- I.A.No.1198/07 IN AS.64/2007 of SUB COURT, CHERTHALA OS.226/2005 of ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONER: ------------ DIVAKARAN, S/O.KUNJAN, 2ND LICENSEE, TODDY SHOP NO.20, THURAVOOR, KUTHIATHODE RANGE. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------- 1. JANAKIYA SAMARA SAMITHI, THURAVOOR REPRESENTED BY P.N.BABU, AGED 33, S/O.NARAYANAN, PAZHAMPONAVELI, PERUMBALAM VILLAGE, CHERTHALA TALUK, PRESENTLY RESIDING AT CHIRAYIL, KODAMTHURUTHU PANCHAYATH, WARD NO.VII, KUTHIATHODE P.O., CHERTHALA TALUK. 2. COMMITTEE MEMBER, VALSALA, AGED 47, W/O.VALSALAN, KODUVELI, THURAVOOR SOUTH VILLAGE, VALAMANGALAM MURI, CHERTHALA TALUK. 3. COMMITTEE MEMBER, GIRIJA, AGED 40, W/O.VIJAYAN, KALARICKAL, THURAVOOR SOUTH VILLAGE, VALAMANGALAM MURI, CHERTHALA TALUK. 4. MEMBER, THRESIAMMA JOSEPH @ THEYYAMMA, AGED 43, W/O.JOSEPH, THAZHATHU VEEDU, THURAVOOR SOUTH VILLAGE, VALAMANGALAM MURI, CHERTHALA TALUK. 5. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. WP(C).No. 7549 of 2008(W) 2 6. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 7. THE DISTRICT COLLECTOR, ALAPPUZHA. 8. KARTHIKEYAN, AGED ABOUT 50, S/O.NARAYANAN, PALAZHIYIL, WARD NO.2, THURAVOOR GRAMA PANCHAYATH, THURAVOOR VILLAGE, CHERTHALA TALUK. 9. PAUL, AGED ABOUT 44, S/O.ISSAC, NAYYARAPPALLIL, CHERTHALA NORTH VILLAGE, CHERTHALA NORTH MURI, CHERTHALA TALUK. 10. PREMANANDAN @ MANIKUTTAN, AGED ABOUT 40, S/O NARAYANAN, NARAYANA NIVAS, PATHIRAPPALLY, KALAVOOR VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. 11. OMANAKUTTAN, S/O VELAYUDHAN, EATHUVELI, PADINJARE NIKARTHIL, WARD NO.6, THURAVOOR SOUTH, CHERTHALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- W.P.(C)No. 7549 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is preferred for a direction to the Subordinate Judge's Court, Cherthala to dispose of I.A.No.1198/07 in A.S.No.64/07 and also to issue a writ of mandamus compelling the respondents to permit the petitioner to conduct a toddy shop. 2. A.S.No.64/07 was preferred against the judgment and decree in O.S.No.226/05 of the Additional Munsiff Court, Cherthala. By the decree, the Court had granted a permanent prohibitory injunction. Challenging that decree, A.S.No.64/07 is filed to stay the operation, implementation and execution of the decree passed by the Court in O.S.No.226/05 till the disposal of the appeal. The said application is pending consideration before the appellate Court. There is urgency as pleaded by the writ petitioner for a speedy disposal of the interim application. Therefore, I direct the Subordinate Judge, Cherthala to consider W.P.(C)No.7549/08 2 and dispose of I.A.No.1198/07 in A.S.No.64/07 within a time frame of two weeks from today. The Registry is directed to issue a copy to the Subordinate Judge, Cherthala also for compliance. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE. dsn