IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 24424 of 2009(O) ------------------------------------- (CMA. NO.65/2009 OF THE DISTRICT COURT, KOLLAM. IA. NO.1781/2009 IN OS. NO.365/09 OF THE SUB COURT, KOLLAM. ......... PETITIONER(S): PLAINTIFFS ------------------------ 1. A.R.CHANDRASEKARA KURUP, S/O. RAMAKRISHNAN NAIR, AZHAKATH PUTHENPURA, CHAVARA SOUTH, KARUNAGAPALLY, KOLLAM. 2. VIJAYALAKSHMI KUNJAMMA , D/O. PADMAKSHY KUNJAMMA, KAIPPALLIL LANNE, PALKULANGARA PETTA POST, THIRUVANANTHAPURAM. BY MR.GOVIND K.BHARATHAN, SENIOR ADVOCATE BY ADV. MR.MADHU .S.K. RESPONDENT(S): RESPONDENTS -------------------------- 1. AZHAKATH SREEKARANA DHARAMA STHANAM TRUST, AZHAKATH, CHAVARA THEKKUMBHAGAM VILLAGE, KARUNAGAPALLY TALUK, REP.BY ITS SECRETARY, PIN. 690 536. 2. BHARGAVA KURUP, S/O.ESWARA KURUP, AZHAKATH SASTHANKARA, KULACHAL POST, KANYAKUMARI. 3. P.RAVEENDRA UNNITHAN, S/O. PADMANABHA KURUP, AZHAKATH LAKSHMI MANDIRAM, CHAVARA SOUTH, KARUNAGAPALLY 690 536. 4. RAMACHANDRA KURUP, S/O. ESWARA KURUP, AZHAKATH, YAMUNA NAGAR, KARAKULAM POST, THIRUVANANTHAPURAM PIN 695 564. W.P.(C) NO.24424/2009 5. SHAJI N.KARUN, CINE DIRECTOR, PIRAVI, TRUE COPY. 15/222, UDARSIROMANI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM PIN 695 607. 6. THE PRODUCER, BIG MOTION PICTURES-DIVISION OF RELIANCE BIG-ENTERTAINMENT PRIVATE LTD., 4A, OXFORD BUSINESS CENTER, SREE KANDATH ROAD, RAVIPURAM, COCHIN 682 016. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.24424 of 2009 - O --------------------------------- Dated this the 25th day of August, 2009 JUDGMENT The writ petition is filed seeking the following reliefs: “To issue any appropriate writ, order or direction directing the Honourable District Judge, Kollam to immediately post C.M.A.No.65/2009 and I.A.No.1419/2009 for hearing and disposal and to ensure that the sincere effort of the petitioners to safeguard the sanctity and privacy of their revered sacred institutions namely the Kalari, Sarpakavu and the Deities are not rendered infructuous due to delay in hearing and disposal of C.M.A.No.65/2009 and I.A.No.1419/2009.” 2. Petitioners are the plaintiffs in O.S.No.365 of 2009 on the file of the Additional Sub Court, Kollam. Suit is one for perpetual prohibitory injunction restraining the defendants from exhibiting the scenes shot in and around the deities in sarpakavu situate in the plaint schedule property. With the suit, plaintiffs moved an application for interim injunction as prayed for in the suit till its disposal. That application being dismissed, after hearing both sides, plaintiffs preferred an appeal as C.M.A.No.65 W.P.(C).No.24424 of 2009 - O 2 of 2009 before the District Court, Kollam. The film in which the scenes objected to were taken, according to the counsel, is going to be released on 27.8.2009. Though representations were made before the appellate court, where the C.M.A. is pending, for expeditious hearing and disposal, it has not been so far heard and the appeal now stands posted on 16.9.2009, submits the counsel. An expeditious disposal of the appeal is sought for by issuing appropriate orders/directions to the court below. 3. Having regard to the submissions made and taking note of the facts and circumstances involved in the case, I find no notice to the respondents is necessary, and hence it is dispensed with. I heard the counsel for the petitioner. 4. The court below, in which the C.M.A.No.65 of 2009 is pending, is directed to hear that appeal as immediately on the reopening of the court and dispose it of, as expeditiously as possible, at any rate, before 16.9.2009 provided all the respondents have entered appearance. If any of the respondents is not served, the court below shall give an opportunity to serve notice by special messenger to complete service on such respondent/respondents at the expense of the appellants. W.P.(C).No.24424 of 2009 - O 3 Subject to the above observation, this writ petition is disposed of. Hand over a copy of the judgment to the learned counsel for the petitioners and send over a copy to the court concerned. S.S.SATHEESACHANDRAN, JUDGE. bkn/-