IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 OP(C).No. 322 of 2011(O) AGAINST THE ORDER IN IA 2479/2010 IN OS.395/2010 OF MUNSIFF'S COURT, THALIPARAMBA PETITIONER ------------------------------ KAYAKKAL MOHANLAL, S/O.BALAKRISHNAN, AGED 63 YEARS, VIDYANAGAR HOUSING COLONY, TALIPARAMBA AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT, (PO) KARIMBAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLCETOR, KANNUR (PO), KANNUR-67001. 2. THE THAHASILDAR, TALIPARAMBA TALUK, TALIPARAMBA (PO), KANNUR-670141. 3. THE VILLAGE OFFICER, PARIYARAM VILLAGE OFFICE, CHITHAPPILEPOYIL(PO), KANNUR-670502. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 322 OF 2011 O ------------------------------------------------------ Dated this the 1st day of February, 2011 JUDGMENT The petitioner filed O.S.No.395 of 2010 on the file of the Court of the Munsiff of Taliparamba against the respondents for a permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and taking possession of the same or assigning the same or making any obstruction to the plaintiff in possessing and enjoying the plaint schedule property. It is stated in the plaint that the possession of the plaintiff is sought to be disturbed as if the property is a part of the property directed to be taken possession of in the proceedings of the Taluk Land Board as excess land. The case of the plaintiff is that neither the plaintiff nor his assignor was a party to the proceedings before the Taluk Land Board and that the plaintiff is not bound by the order passed by the Taluk Land Board. The plaintiff has also raised a contention that the property of the declarant is lying elsewhere and it is situated in a survey number having vast extent of property. O.P.(C) NO.322 OF 2011 O :: 2 :: 2. Along with the suit, I.A.No.2479 of 2010 was filed by the petitioner for a temporary injunction. The grievance of the petitioner is that I.A.No.2479 of 2010 is not disposed of by the court below. No ad interim order was granted and therefore, the petitioner is aggrieved by the non-disposal of the application for temporary injunction. 3. The reliefs prayed for in the Original Petition are the following: “a) Issue a direction or any other appropriate order commanding the Munsiff's Court, Taliparamba to dispose of the Injunction petition to pending as I.A.No.2479 of 2010 in O.S.No.395 of 2010 pending on its file on merits as expeditiously as possible at any rate within a time limit prescribed by this Hon'ble Court. b) Issue a direction or any other appropriate order restraining the respondents, their men agent and servant from trespass into the property and taking possession of the property and assign the same O.P.(C) NO.322 OF 2011 O :: 3 :: and making any obstruction to the petitioner in possession and enjoying the property and from commit any waste in the property in Resurvey No.14/1A of Taliparamba Taluk, Pariyaram amsom, Vayadu desom till final orders are passed in I.A.No.2479 of 2010 in O.S.No.395 of 2010 on the files of the Munsiff's Court, Taliparamba. c) Any other appropriate order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case. And allow this petition with all costs.” 4. Relief (b) cannot be granted as the question whether any such order should be granted shall be decided by the trial court. However, relief (a) is liable to be granted. Accordingly, the Original Petition is partly allowed. The Munsiff's Court, Taliparamba shall consider and dispose of I.A.No.2479 of 2010 in O.S.No.395 of 2010 as expeditiously as possible and, at any rate, within a period of one month, after affording an opportunity of being heard to the petitioner and the respondents. The petitioner would be free to submit before the court O.P.(C) NO.322 OF 2011 O :: 4 :: below for the grant of an ad interim order of injunction and the Court shall consider the same in accordance with law and on the merits of the case. It is made clear that I have not expressed any opinion on the merits of the case. (K.T.SANKARAN) Judge ahz/