IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7218 of 2009(O) AGAINST THE ORDER IN IA.2751/2008 IN OS.704/2005 OF PRINCIPAL MUNSIFF,ALAPPUZHA PETITIONERS: --------------- 1. B.NAZEER, S/O.K.B.BAPPU, RESIDING AT M.A.B.COTTAGE, MUSSAALIAR VALLAPPU, VALIYAKULAM WARD, AMBALAPUZHA THALUK, ALAPPUZHA. 2. A.K.GOPALAN, S/O.KARUTHAKUNJU, RESIDING AT PADANILATHU VEEDU, KARICHAL MURI, VEEYAPURAM VILLAGE, KARTHIKAPPALLY THALUK, ALAPPUZHA. BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE RESPONDENTS: --------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS SECRETARY, WATER CAMPUS, HEAD OFFICE, JALABHAVAN, THIRUVANANTHAPURAM - 3. 2. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 7218 OF 2009 O ------------------------------------------------------ Dated this the 6th March, 2009 JUDGMENT The petitioners are the plaintiffs in O.S.No.704 of 2005, on the file of the Munsiff's Court, Alappuzha. The reliefs prayed for in the Writ Petition are the following: “(i) Issue a writ of mandamus or any other writ or order or direction directing the Munsiff's Court, Alappuzha to consider Exhibit P5, I.A.No.2751/08 in O.S.No.704/2005, within a time frame fixed by this Honourable Court. (ii) Such other and further reliefs as this Honourable Court deems fit to the facts and circumstances of the case.” 2. The suit was filed by the plaintiffs for a mandatory injunction to direct the defendants to implement the proposed Alappuzha Water Supply Scheme with plaint schedule item No.1 property as the collection point according to the tender notification published on 15.11.2002. There is also a relief for perpetual injunction restraining the defendants from shifting/deviating the collection point from the plaint schedule item No.1 property to plaint schedule item No.2 property. The suit is pending. W.P.(C) NO.7218 OF 2009 O :: 2 :: 3. The first petitioner filed W.P.(C) No.31920 of 2007 for issuing a direction to the Munsiff's Court, Alappuzha to dispose of the suit expeditiously. This Court disposed of the Writ Petition as per Ext.P4 judgment dated 26.10.2007, permitting the petitioner therein to move the trial court for preferential trial. 4. On 30.7.2008, the plaintiffs filed I.A.No.2751 of 2008 (Ext.P5) for a temporary injunction restraining the defendants from proceeding with the re-tender of the project in dispute. Thereafter, in October 2008, the first petitioner filed W.P.(C) No.24869 of 2008, for a direction for an early disposal of the suit. The said Writ Petition was disposed of as per Ext.P6 judgment dated 29.10.2008 declining the relief. At the time when W.P. (C) No.24869 of 2008 was filed, Ext.P5 application for temporary injunction dated 30.7.2008, was pending. However, the petitioner did not make any request for an early disposal of that application. 5. The plaintiffs filed another Writ Petition, W.P(C) No.2940 of 2009, praying for an early disposal of the suit, which was dismissed as per Ext.P8 judgment dated 30.1.2009. 6. In view of the above facts and circumstances of the case, I am W.P.(C) NO.7218 OF 2009 O :: 3 :: not inclined to grant the reliefs prayed for in the Writ Petition. This will not preclude the petitioners from moving the trial court for appropriate reliefs. The Writ Petition is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/