IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 6665 of 2009(O) ------------------------- OS.416/2008 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER(S): --------------- 1. KURIAKOSE, S/O. PAILY, AGED 57, KALAPPURAYIL HOUSE, MULAVOOR VILLAGE, MULAVOOR KARA, EAST VAZHAPPILLY P.O., MUVATTUPUZHA TALUK. 2. SARAKUTTY, W/O. KURIAKOSE, AGED 51,KALAPPURAYIL HOUSE, MULAVOOR VILLAGE, MULAVOOR KARA. EAST VAZHAPPILLY P.O., MUVATTUPUZHA TALUK. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): --------------- 1. PAULOSE, S/O. PAILY, AGED ABOUT 72, KALAPPURAYIL HOUSE, MULAVOOR VILLAGE, MULAVOOR KARA, EAST VAZHAPPILLY P.O., MUVATTUPUZHA 2. JOY PAULOSE, S/O. PAULOSE, AGED ABOUT 47, KALAPPURAYIL HOUSE, MULAVOOR VILLAGE, MULAVOOR KARA, EAST VAZHAPPILLY P.O., MUVATTUPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 6665/09 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.416/08 OF THE MUNSIFF'S COURT, MUVATTUPUZHA. EXT.P2: COPY OF I.A.NO.214/09 IN O.S.NO.416/08 OF THE MUNSIFF'S COURT, MUVATTUPUZHA. EXT.P3: COPY OF I.A.NO.127/09 IN O.S.NO.416/08 OF THE MUNSIFF'S COURT, MUVATTUPUZHA. EXT.P4: COPY OF THE I.A.NO.128/09 IN O.S.NO.416/08 OF THE MUNSIFF'S COURT, MUVATTUPUZHA. EXT.P5: COPY OF THE REPORT OF THE ADV. COMMISSIONER DATED 4.2.2009 IN O.S.NO.416 OF 2008 OF THE MUNSIFF'S COURT, MUVATTUPUZHA. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.6665 of 2009 --------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioners are the plaintiffs in O.S.No.416 of 2008 on the file of the Munsiff’s Court, Muvattupuzha. The suit is filed for a declaration that the plaintiffs have perfected their right over the plaint B schedule thodu and for a permanent prohibitory injunction restraining the defendants from trespassing upon A and C schedule properties and from cutting trees and committing waste. There is also a prayer for injunction restraining the defendants from committing damage and waste in the B schedule thodu. 2. It is stated that I.A.No.2986 of 2008 was filed by the plaintiffs for interim injunction and that the court below had granted an interim order of injunction. A Commissioner was also appointed. The plaint B schedule thodu was damaged by the defendants making it impossible for the plaintiffs to irrigate the plaint A schedule property. Therefore, the petitioners/plaintiffs filed I.A.No.127 of 2009 (Ext.P3) for an interim mandatory WPC No.6665/2009 2 injunction directing the defendants to remove earth and stones from the B schedule thodu and to allow the plaintiffs to draw water through the thodu. The plaintiffs filed I.A.No.214 of 2009 (Ext.P2) for substituted service to the second defendant, who is the son of the first defendant. The plaintiffs also filed I.A.No.128 of 2009 (Ext.P4) for amendment of plaint. These applications are not disposed of. 3. It is submitted by the learned counsel for the petitioners that since there is obstruction to the free flow of water through the thodu, the petitioners are not in a position to irregate the land. This causes much loss to the petitioners. Pointing out these facts, petitioners have filed I.A.No.127 of 2009 on 9th January 2009. The court below has not disposed of that application. 4. The prayer in the Writ Petition is to issue a direction to the Munsiff Court, Muvattupuzha to consider and dispose of Exts.P2, P3 and P4 applications in accordance with law. Notice was ordered to the first respondent in the Writ Petition. Service is complete. There is no appearance. 5. In the facts and circumstances of the case, I am of the WPC No.6665/2009 3 view that the Writ Petition can be disposed of directing the Munsiff’s Court, Muvattupuzha to consider and dispose of I.A.No.127 of 2009, as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of the judgment. It is also necessary to dispose of I.A.Nos.214 of 2009 and I.A.No.128 of 2009 expeditiously by the court below. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE csl