IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16346 of 2008(U) -------------------------- OS.662/2008 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------ JOSEPH @ OUSEPH, AGED 43 YEARS, S/O. MOOLEPARAMBIL YACOB, KURURTHUKULANGARA KANDASSAMKADAVU DESOM, KARAMUKKU VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.DEVAN RAMACHANDRAN RESPONDENTS: ------------- 1. ST.MARY'S FORONA CHURCH, REPRESENTED BY FR. JOSE PUNNOLIPARAMBIL PRESENT VICAR,ST.MARY'S FORONA CHURCH KANDASSAMKADAVU DESOM, KARAMUKKU VILLAGE THRISSUR TALUK. 2. JOSE AGED 60 YEARS S/O. POOVATHINGAL THOMA,PRESENT COMMITTEE MEMBER OF ST.MARY'S FORONA CHURCH, KANDASSAMKADAVU DESOM, KARAMUKKU VILLAGE THRISSUR TALUK. 3. PAUL, AGED 52 YEARS S/O.ELUVATHINGAL KUTTUKARAN ANTONY PRESENT COMMITTEE MEMBER OF ST.MARY'S FORONACHURCH KANDASSAMKADAVU DESOM, KARAMUKKU VILLAGE THRISSUR TALUK. 4. DAVIS, AGED 45 YEARS S/O. THEKANATH PANDARAVALAPPIL JOSEPH PRESENT COMMITTEE MEMBER OF ST.MARY'S FORONACHURCH KANDASSAMKADAVU DESOM, KARAMUKKU VILLAGE THRISSUR TALUK. 5. SUNNY, AGED 45 YEARS S/O. VADAKKETHALA PINDANI JOSEPH PRESENT COMMITTEE MEMBER OF ST.MARY'S FORONACHURCH KANDASSAMKADAVU DESOM, KARAMUKKU VILLAGE THRISSUR TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.16346 of 2008 ------------------------------- Dated this the 3rd June, 2008. J U D G M E N T Petitioner is the second plaintiff in O.S.No.662/2008, on the file of the Munsiff Court, Thrissur. The suit was filed for permanent prohibitory injunction restraining defendants from conducting fish and mutton market within a radius of 90 meters from plaint A schedule property. I.A.No.2412/2008 was filed claiming an order of temporary injunction under Order XXXIX Rule 1 of Code of Civil Procedure. According to the petitioner, an order of temporary injunction was granted on 11.3.2008. Subsequently, I.A.No.1357/2008 was filed under Rule 2A of Order XXXIX of Civil Procedure Code contending that respondents violated the order of temporary injunction. That petition was filed before the District Court, Thrissur, it being the Vacation Court. Petitioner also filed I.A.No.1357/2008 seeking police protection for implementation of the order of temporary injunction. Under Ext.P8 order, Vacation Court directed consideration of I.A.No.1357/2008 along with W.P.(C) No.16346/2008 2 I.A.No.1354/2008. It is being challenged by filing this petition under Article 227 of the Constitution of India. 2. The argument of the learned counsel appearing for the petitioner is that when an order of temporary injunction was granted, and it is subsisting, learned District Judge should have allowed application for police aid, as sought for in I.A.No.1357/2008, and in any event, Munsiff may be directed to dispose the application without further delay. 3. On hearing the learned counsel for the petitioner, I do not find any illegality or irregularity in the impugned order warranting interference in exercise of the extra ordinary jurisdiction of this Court under Article 227 of Constitution of India. Though an ex- parte order of temporary injunction was granted, I.A.No.1354/2008 alleging violation of the order of injunction under Rule 2A of Order XXXIX was filed before the Vacation Court. So also, I.A.No.1357/2008 was filed before the Vacation Court. Under Ext.P8 order, learned District Judge found that it is necessary to consider both the applications, and, directed to post the application along with I.A.1354/2008. On the facts and circumstances of this case, it cannot W.P.(C) No.16346/2008 3 be said that the action of learned District Judge as Vacation Judge warrants any interference. The Munsiff is directed to dispose of I.A.No.1357/2008 as expeditiously as possible. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.