IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No.34233 of 2008(A) --------------------------------- O.S.6/06 OF DISTRICT COURT, KAVARATHI -------------------------------- PETITIONER: --------------- BEEPPAPADA THAIBI D/O.POOKUNJI, AGATHI LAKSHADWEEP. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENTS: ------------------ 1. KARIYAM CHETTA SYED MOHAMMED, S/O.KASMI, AGATHI, LAKSHAWDEEP. 2. BEEPPAPADA MADANI, S/O.POOKUNJI , AGATHI, LAKSHAWDEEP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34233 of 2008 ------------------------------------------------ Dated this the 20th day of November, 2008 JUDGMENT Heard the counsel for the petitioner. 2. The grievance of the petitioner is that he filed O.S.6/06 before the District Court, Kavarathi for declaration that scheduled property belongs to him and the second respondent jointly and to restrain the first respondent and his men from trespassing into the scheduled property and taking the usufructs and also sought for an order of temporary prohibitory injunction filing Ext.P2 I.A. in the said suit; that no orders had been passed thereon and the said I.A is pending; that while so, the first respondent along with his men forcibly plucked coconuts from the scheduled property and therefore, she approached the Deputy Collector, Agathi island and obtained Ext.P3 order with a view to have W. P. C. No.34233 of 2008 -2- status quo maintained at least thereafter till orders are obtained on Ext.P2 application for temporary injunction, but that as no District Judge is posted at Kavarathi, the petitioner is unable to obtain orders and that therefore, the District Judge or Additional District Judge, Kozhikode who holds charge of District Judge, Kavarathi be directed to pass appropriate orders on Ext.P2 at the earliest. 3. Having heard the submissions of counsel for the petitioner, I am of the view that appropriate directions are to be issued in the matter. 4. In the result, I direct the District Judge/Additional District Judge of Kozhikode who holds charge of District Judge, Kavarathi to pass appropriate orders on Ext.P2 injunction petition in O.S.6/06 on the file of the District Court, Kavarathi as expeditiously as possible hearing the counsel for the W. P. C. No.34233 of 2008 -3- respondent as well and in the event of counsel for the respondent not turning up to pass appropriate interim orders so as to protect the scheduled property in the suit. 5. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-