IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 OP(C).No. 314 of 2010(O) ------------------------ OS.187/2008 of MUNSIFF COURT,CHENGANNUR .................... PETITIONER: --------------------------- RAJASEKHARAN NAIR, PRESIDENT, NADUVARAMKODE SREE MAHADEVA KSHETHRA SAMRAKSHANA SAMITHI, (REG.NO.A-482/92), RAJ BHAVAN, (VIA) CHENGANOOR, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT: --------------- RAMACHANDRAN NAIR, NEDUVARAMKODE, CHENGANNUR, ALAPPUZHA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.314 of 2010 --------------------------------------- Dated this 13th day of October, 2010 JUDGMENT Defendant in O.S.No.187 of 2008 of the court of learned Munsiff, Chengannur is the petitioner before me seeking a stay of trial of the suit for the reason that the matter involving present dispute is also pending consideration of the Division Bench of this court in D.B.P.No.43 of 2010. Petitioner claimed to be the President of the Sree Mahadeva Kshethra Samraksha Samithi (for short, “the Samithi”). Respondent, according to the petitioner was a provisional employee of the temple and on account of dereliction of duty he was suspended from service. Respondent challenged that suspension in O.S.No.187 of 2008. In the meantime it is alleged, respondent and men indulged in making scandalous statements about petitioner and the Samithi and even forcibly removed valuable articles from the temple. On the report of the police the Revenue Divisional Officer has taken action under Sec.145 of the Code of Criminal Procedure and the village officer was appointed as receiver to take possession of the temple. In the meantime petitioner and others brought the matter to the notice of Division Bench of this court by way of O.P(C).No.314 of 2010 : 2 : complaint addressed to the Hon'ble the Chief Justice which has been numbered as D.B.P.No.43 of 2010. Under these circumstance stay is sought for. 2. I have been taken through Ext.P1, complaint preferred before the Hon'ble the Chief Justice. Complaint is regarding alleged scandalous statements made by the respondent or his men and forcible removal of ornaments from the temple. Though those matters allegedly originated from the suspension of respondent, what is under challenge in the civil suit is the validity of suspension of respondent. There is no reason why this court should interfere with the trial of suit. If any proceeding in the matter is pending before the Division Bench or any other court it is open to the petitioner to move such court for stay or other relief if circumstances warranted that. Without prejudice to that right of petitioner, this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-