IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5687 of 2010(I) ------------------------- PETITIONER(S): --------------- THADEVOOS, AGED 46 YEARS, S/O.OUSEPH, PUTHANPURAKKAL HOUSE, KOLATHURUTH DESOM, RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. THE KOCHI CORPORATION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOCHI CORPORATION, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF COCHIN, ZONAL OFFICE, FORT KOCHI. MR.S.RAMESH BABU, SC FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.5687 of 2010 (I) --------------------------------- Dated, this the 22nd day of February, 2010 J U D G M E N T Allegation of the petitioner is that certain strangers are attempting to trespass into the two cents of land belonging to the petitioner. 2. It is stated that thereupon, the petitioner filed O.S.No.478/2009 before the Munsiff Court, Kochi, in which Ext.P1 order of injunction has been passed. Ext.P2 is stated to be the Commission Report that has been filed in the suit. It is stated that while so, at the instance of the aforesaid strangers, the 2nd respondent issued Ext.P5 notice proposing to evict the petitioner, to which reply has been filed by the petitioner. 3. On receipt of Ext.P5, and as the subject matter of the notice is related to the subject matter of the suit, the petitioner filed Ext.P6 application for impleading the respondents herein as additional defendants to the suit. Going by the pleadings, the application is still pending. It is while so, the petitioner has filed WP(C) No.5687/2010 -2- this writ petition praying that further proceedings pursuant to Ext.P5 shall be deferred. 4. It is therefore evident that in relation to the subject matter of the writ petition, O.S.No.478/2009 filed by the petitioner is pending consideration of the Civil Court. In that matter, the petitioner has also sought impleadment of the respondents herein as additional defendants. The petitioner, having already approached the Civil Court, cannot resort to piecemeal litigation before different forums. Therefore, the petitioner will have to get orders on Ext.P6 application for impleadment and seek appropriate orders from the Civil Court. Therefore, this writ petition is dismissed, but without prejudice to the remedies open before the Civil Court. (ANTONY DOMINIC, JUDGE) jg