IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27150 of 2008(F) ------------------------------------------- (O.S.NO.397/2008 OF MUNSIFF COURT, MOOVATTUPUZHA) PETITIONER: ------------------- VODAFONE ESSAR CELLULAR LTD., FORMERLY KNOWN AS HUTCHISON ESSAR CELLULAR LTD., ASHISH BUILDING, COCHIN – 31, REPRESENTED BY ITS MANAGER LEGAL, RAJESH, MELETH VEETTIL, AGED 36 YEARS, S/O.RAGHAVAN MELETH VEETTIL. BY ADV. SRI.P.SATHISAN RESPONDENTS: ------------------------ 1. SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KOTHAMANGALAM MUNICIPAL OFFICE REPRESENTED BY ITS SECRETARY, KOTHAMANGALAM, ERNAKULAM. 3. M.J.SIMON, S/O.SRI.JOHN, MANJALAYIL HOUSE, KOTHAMANGALAM VILLAGE, ELAVANAD KARA, ERNAKULAM. 4. P.S.SURESH, S/O.SUKUMARAN NAIR, PUTHUSERIYIL VEETIL, CHERUVATOOR KARA, ERAMALLOOR VILLAGE, ERNAKULAM. 5. P.P.MEERAN HAJI, S/O.PAREED, PALIKKAL HOUSE, ELAVANAD KARA, KOTHAMANGALAM VILLAGE, ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.27150 OF 2008 =========================== Dated this the 5th day of September, 2008 JUDGMENT Petitioner is the second defendant in O.S.397/2008 on the file of Munsiff Court Muvattupuzha. Respondents 3 and 4 along with the plaint filed Ext.P10 application I.A.2871/2008, an application for order of temporary injunction. Ext.P11 order was passed ex parte restraining defendants from charging the mobile tower erected in the building in the plaint schedule property and from making further construction in connection with the mobile tower. Case of the petitioner is that learned Munsiff should not have even received the plaint and in any case in view of Ext.P4 and P5 judgments of this court plaint should have been rejected. Learned counsel also argued that in any case in the light of Exts.P4 and P5 judgments, learned Munsiff should not have granted an order of ex parte injunction. Learned counsel submitted W.P.(C)27150/08 2 that though objections were filed on 2.9.2008 and petitioner was ready to argue the case on 3.9.2008 learned Munsiff adjourned the case to 16.9.2008 and therefore a direction be issued to the Munsiff to dispose the suit and I.A.2871/2008 expeditiously. In the light of the submissions, learned Munsiff is directed to consider the objections filed by petitioner in I.A.2871/2008 on the next posting day and pass appropriate order in accordance with law on that day itself. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006