IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No.2940 of 2009 (Y) --------------------------------- OS.704/2005 of MUNSIFF, ALAPPUZHA .................... PETITIONERS: ----------------- 1. B.NAZEER, S/O.K.BAPPU, R/AT.M.B.COTTAGE MUSALIYAR VALAPPU, VALIYAMKULAM WARD, AMBALAPPUZHA-688001. 2. A.K.GOPALAN, S/O.KARUTHAKUNJU R/AT. PADANINILATHU VEEDU, KARICHAL MURI, VEEYAPURAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA, REP. BY THE P/AT HOLDER, A.SIRAJUDHEEN, S/O.ABDUL KHADER, AYSHA MANZIL, ALLISSERY WARD, ALAPPUZHA. BY ADV. SRI.K.SABU RESPONDENTS: ------------------ 1. KERALA WATER AUTHORITY, REP. BY ITS SECRETARY, WATER CAMPUS, KWA HEAD OFFICE, JALABHAVAN, THIRUVANANTHAPURAM-23. 2. SUPERINTENDING ENGINEER, KWA, PUBLIC HEALTH CIRCLE, KOTTAYAM-1. 3. ALAPPUZJHA MUNICIPALITY, REP. BY THE SECRETARY, MUNICIPAL BUILDINGS, ALAPPUZHA PO, ALAPPUZHA. 4. DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT, PATHANAMTHITTA. 5. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.2940 of 2009 ------------------------------------------------ Dated this the 30th day of January, 2009 JUDGMENT This Writ Petition is filed by the plaintiff in O.S.704/05 on the file of the Munsiff's Court, Alappuzha for a direction being issued by this Court to the Munsiff, Alappuzha to dispose of O.S.704/05 on merits at the earliest within a period of two months and to direct the first and second respondent who published Exts.P14 and P15 tender notices to stay the same until disposal of O.S.704/05. 2. Having heard the counsel for the petitioner, I felt a doubt as to whether the plaintiffs themselves were not creating situations whereby the court below was not being allowed to dispose of the suit. Hence, Registry was directed to ascertain from the Munsiff, Alappuzha as to what is the stage of the suit and whether the suit is ripe for W. P. C. No.2940 of 2009 -2- trial after completion of all pretrial steps. The Registry has got ascertained from the Munsiff, Alappuzha that the suit is not ripe for trial; that preliminary issues were raised and orders passed on preliminary issues on 28/08/08; that thereafter plaintiffs filed amendment petition on 17/11/08; that was allowed and the case is adjourned to 03/02/09 for additional written statement along with an injunction petition filed on 30/07/08; and that the pretrial steps are not yet completed. This Court cannot issue any direction as prayed for in the light of the said report. However, I fail to understand why the petitioners are not permitting any work to be executed prosecuting this suit when as per Ext.P4 judgment in a public interest litigation filed as W.P.C.16681/06 wherein the plaintiffs in the suit were respondents 6 and 7; the Honourable Judges who constituted the W. P. C. No.2940 of 2009 -3- Division Bench though left expert decisions to be made by Water Authority as per the directions in the judgment, made it clear that it would be open to the petitioners therein or other persons of the affected area to bring the fact to the attention of that court dealing with public interest litigations if the decisions of the Water Authority prove to cause any damage or loss proving the allegations of the petitioners therein to be true to see that appropriate action under Section 30 of the Kerala Water Supplies and Sewerage Act is initiated against the individual officers responsible for the same. In any event, after rendering the trial court unable to dispose of the suit on merits by adopting one method or the other, it was highly improper for the petitioners in having approached this Court for a direction being given to the court below to dispose of the W. P. C. No.2940 of 2009 -4- matter urgently specifying a time limit of two months and seeking for all proceedings pursuant to the tenders called for vide Exts.P14 and P15 tenders, being stayed. This Writ Petition is devoid of any merit. 3. In the result, I dismiss this Writ Petition. K.P.BALACHANDRAN, JUDGE kns/-