IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 35021 of 2007(T) -------------------------- OS.27/2007 of PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER: -------------------- ASOK KUMAR,MANGUZHI HOUSE, KUNNUKARA VILLAGE, PARAVUR TALUK. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENTS: ------------------------ 1. THE COCHIN DEVSWOM BOARD THRISSUR, REP. BY ITS SECRETARY. 2. KOOTTALA KSHETHRA KSHEMA SAMITHY, REP. BY ITS PRESIDENT, KUMARAN, PATHUPARA HOUSE, VAYALKARA KARA, KUNNUKARA VILLAGE,PARAVUR TALUK. 3. KOOTTALA KSHETHRA KSHEMA SAMITHY, REP. BY ITS SECRETARY,K,P.RAJASEKHARAN, KALLANGATTU HOUSE, VAYALKARA KARA, KUNNUKARA VILLAGE,PARAVUR TALUK. 4. KOOTTALA KSHETHRA KSHEMA SAMITHY, REP. BY ITS PRESIDENT, GOPI, VETTANATHU HOUSE, VAYALKARA KARA, KUNNUKARA VILLAGE,PARAVUR TALUK. 5. KOOTTALA KSHETHRA KSHEMA SAMITHY, REP.BY ITS TREASURER,SUKUMARAN, KOOTTALA HOUSE, VAYALKARA KARA, KUNNUKARA VILLAGE,PARAVUR TALUK. Kss ..2/- ...2.... WPC.NO.35021/2007 T 6. KERALA KSHETHRA SAMRAKSHANA SAMITHY 'PRANAVAM', VADAKKEVEEDU, THELATHURUTHU, KUTHIYATHODE P.O. 7. HINDU AIKAYAVEDI, ALUVA TALUK,ANGAMALY, REP. BY ITS SECRETARY, K.P. SURESH, S/O. PARAMESWARAN, KANJIRAKKAD HOUSE, KOUSTUBHAM, NEAR MUNIKKAL TEMPLE, CHENGAMANAD. 8. SIVARAMAN NAIR, KOLLANGATTU VEEDU KUNNUKARA KARA & VILLAGE. R1 BY ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B R2 TO R5 & R8 BY ADV.SRI.M.P.RAMNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35021/2007 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 13/04/2007 IN I.A.NO.1507/2007 IN O.S.NO.27/2007, PRINCIPAL SUB COURT, NORTH PARAVUR. EXT.P2: COPY OF THE REPORT AND SKETCH SUBMITTED BY ADVOCATE RAJEEV NAMBEESAN DTD. 27/01/2007,ADVOCATE COMMISSIONER IN O.S.NO.27/2007. EXT.P3: COPY OF THE REPORT SUBMITTED BY ADVOCATE RAJEEV NAMBEESAN DTD. 15/03/2007, ADVOCATE COMMISSIONER IN O.S.NO.27/2007. EXT.P4: COPY OF THE REPORT SUBMITTED BY ADVOCATE RAJEEV NAMBEESAN DTD. 12/04/2007, ADVOCATE COMMISSIONER IN O.S.NO.27/2007. EXT.P4(A): COPY OF THE OBJECTION FILED BY THE PETITIONER TO THE REPORT OF THE ADVOCATE COMMISSIONER IN I.A.NO.230/2007 DTD. 19/02/207. EXT.P5: COPY OF THE REPORT AND SKETCH DTD. 7/04/2006 IN I.A.NO. 1291/2006 IN O.S.NO.179/2006, PRINCIPAL SUB COURT, NORTH PARAVUR. EXT.P6: COPY OF THE ORDER DTD. 29/11/2004 IN DBA.NO.109/2004, HIGH COURT OF KERALA. EXT.P7: COPY OF THE STATEMENT DTD. 25/10/2004 FILED BY THE ADDITIONAL TAHSILDAR, PARAVUR IN DBA.NO.109/2004 HIGH COURT OF KERALA. EXT.P8: COPY OF ORDER DTD. 7/03/2006 IN DBA NO.25/2006, HIGH COURT OF KERALA. EXT.P9: COPY OF THE ORDER DTD. 26/06/06 IN DBA.NO.25/2006, HIGH COURT OF KERALA. EXT.P10: COPY OF THE JUDGMENT DTD. 5/01/2007 IN RFA.NO.398/2006, HIGH COURT OF KERALA. Kss ..2/- ...2.... WPC.NO.35021/2007 T EXT.P11: CIOPY OF THE ROUGH SKETCH PRODUCED BY THE RESPONDENTS IN RFA NO.398/2006, HIGH COURT OF KERALA. EXT.P12: COPY OF THE PLAINT IN O.S.NO.27/2007, SUB COURT, NORTH PARAVUR. EXT.P13: COPY OF I.A.NO.1507/2007 IN O.S.NO.27/2007, SUB COURT, NORTH PARAVUR. EXT.P14: COPY OF THE COUNTER AFFIDAVIT FILED IN I.A.NO.1507/2007 IN O.S.NO.27/2007, SUB COURT, NORTH PARAVUR. EXT.P15: COPY OF THE ORDER DTD. 30/04/2007 IN I.A.NO.1577/2007 IN CMA NO....../2007 DISTRICT COURT, VACATION COURT, ERNAKULAM. EXT.P16: COPY OF THE NOTICE DTD. 29/01/2008 ISSUED BY THE RESPONDENTS 2 TO 5. 2ND RESPONDENT'S EXHIBITS: EXT/R(2)1: COPY OF THE SETTLEMENT DEED NO.1797/196 SRO PARAVUR DTD.10/04/1996. EXT.R(2)2: COPY OF THE JUDGMENT DTD. 31/08/1995 IN O.S.579/1989 MUNSIFFS COURT, NORTH PARAVUR. EXT.R(2)3: COPY OF THE DEPOSITION OF THE PETITIONER HEREIN AS PW2 IN O.S.579/1989 HON'BLE MUNSIFFS COURT, PARAVUR. EXT.R(2)4: COPY OF THE DEPOSITION OF NARAYANAN NAIR AS PW4 IN O.S.579/1989 HON'BLE MUNSIFFS COURT, PARAVUR. EXT.R(2)5: COPY OF THE ORDER DTD. 30/03/2006 IN DBA 25/2006 OF THIS HON'BLE COURT. EXT.R2(6): COPY OF THE PLAINT IN O.S.179/2006 FILED BY THE PETITIONER BEFORE THE HON'BLE SUB COURT, NORTH PARAVUR. /TRUE COPY/ P.A.TO JUDGE Kss M.N.KRISHNAN, J. --------------------------- W.P.(C) No.35021 OF 2007 -------------------------- Dated this the 25th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred with a prayer to set aside Ext.P1 order and directing the Subordinate Judge, North Paravur to issue appropriate orders directing the police to enforce the orders of interim prohibitory injunction. Heard the learned counsel appearing for all concerned. A perusal of the order of the court below in paragraph 6 would clearly indicate that the respondents and their men are restrained from committing waste in the property by making any construction on the east, north and south of the existing temple wherein Brahmarakshas Thara, Manputtu, Kalkettu etc. are situated. Subsequently a Commissioner has inspected the property during the last year and on 27.1.2007 he had submitted an earlier report and subsequently he visited the property on 11.4.2007 and had reported about certain facts in paragraph 2 therein. I am not going in the correctness of those averments in paragraph 2 for the reason that I am told that an application for violation of injunction is already pending for the W.P.(C) No.35021/2007 2 consideration of the court below. So whatever it may be, it is the duty of all concerned to implicitly obey the order passed by the court on 12.1.2007, without any room for complaint for a further violation and therefore I direct the respondents to implicitly obey the orders of the court and in case of any variation necessary, it is for them to move the appropriate court with notice to the other side and the said court to pass appropriate orders after hearing all concerned. The court shall also see that the orders passed by it is not violated by any of the parties. If a complaint comes and the court is satisfied that there is violation to the orders of the court then certainly to prevent recurrence of such breach or violation the court may have to resort to a direction to be given to the police for implementing the order of the court. All these situations will arise only when there is satisfactory materials available before the court to establish that there has been a violation of the order which it has passed on 13.4.2007. The writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps