IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 OP(C).NO. 994 OF 2010(O) ------------------------------------ AGAINST THE ORDER DATED 02/12/2010 IN IA 3361/2010 IN OS.486/2010 OF MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONERS: -------------------- 1. K.M. SHAMSUDHEEN, AGED 31, S/O.KUNJUMOHAMMED, KANAMPURAM HOUSE, IRINGOLE KARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK. 2. SHEMY SHAMSUDEE, W/O.SHAMSUDHEEN, DO. DO. 3. SHAMEER, S/O.ABDULLAH, DO. DO. 4. JASMIN, W/O.SHAMEER, DO. DO. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): -------------------------- 1. P.C. SABU, S/O.CHERIAN, PULINATTU HOUSE, MANARY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA TALUK – 686 673. 2. N.A.THOMAS, NJATTUMKALAYIL HOUSE, KADAYIRUPPU KARA, IKKARANADU NORTH VILLAGE, KUNNATHUNADU TAKUK – 682 311. 3. ELDHOSE M.V. S/O.VARGHESE, MANAYATHUKUDY HOUSE, METHALA P.O. - 683 545, TRIVENI KARA, ASAMANNOOR VILLAGE, KUNNATHUNADU TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) NO.994 of 2010 ==================================== Dated this the 03rd day of December, 2010 J U D G M E N T Plaintiffs in O.S. No.486 of 2010 of the court of learned Munsiff, Muvattupuzha are the petitioners before me aggrieved by Ext.P5, order. Petitioners claimed to be the owner of plaint A schedule where they are running a plywood manufacturing unit where according to the petitioners several employees are working. Near to the plaint A schedule and going by the submission of learned counsel for petitioners 15 ft. away from plaint A schedule respondents are engaged in quarrying operation in plaint B schedule property using explosives which causes safety problems and health hazards to petitioners and their employees working in the plywood manufacturing unit. To restrain respondents from engaging in such alleged illegal activities petitioners filed the suit and sought for interim injunction vide I.A. No.3361 of 2010. Grievance of the petitioners is that not only that no interim order was granted, learned Munsiff did not even order emergent notice in spite of earnest request. Learned Munsiff ordered notice returnable by 22.12.2010. Learned counsel submits that in the meantime quarrying operation may further advance to the plaint A O.P(C) No.994 of 2010 -: 2 :- schedule. Having regard to the facts and circumstances of the case I consider it appropriate to permit petitioners to seek review of Ext.P5, order issuing notice returnable on 22.12.2010 or advancement of hearing of I.A.No.3361 of 2010. If any such application for review/advancement and request for issuing emergent notice is filed learned Munsiff shall consider that application and pass orders immediately having regard to the apprehension of the petitioners and graveness of the situation as the petitioners would say. Resultantly, petition is disposed of permitting petitioners to seek review of Ext.P5, order or advancement of hearing of I.A.No.3361 of 2010 and request emergent notice to be issued to respondents. Learned Munsiff is directed to dispose of such application immediately. THOMAS P. JOSEPH, JUDGE. vsv