IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 4846 of 2010(O) ------------------------------------- (ARISING OUT OF O.S. NO.556/2008 OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA) ........ PETITIONER/PLAINTIFFS: ------------------------------------- 1. NARAYANAN, S/O.KARUMPAN, AGED 83, MALAYATTIL NIKARTHIL FROM VEZHAKKATTUCHIRA, PANAVALLY VILLAGE, PANAVALLY MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. VELAYUDHAN, S/O.KURUMPAN, AGED 80, -DO-, -DO-. BY ADV. DR.V.N.SANKARJEE. RESPONDENTS/DEFENDANTS: --------------------------------------------- 1. ROY M.MATHEW, S/O.MATHEW, AGED 58, CHAIRMAN, COPPICO KERALA RESORTS (P) LTD., APARTMENT NO.50, M.R.SQUARE, D.H.ROAD, KOCHI-17. 2. K.EASWARAN PILLAI, S/O.P.K.NAIR, AGED 53, APARTMENT NO.52, M.R.SQUARE, D.H.ROAD, KOCHI-17, (COPPICO KERALA RESORTS (P) LTD.). 3. MANAGING DIRECTOR, COCHIN SERVICE, FORTKOCHI, KOCHI-1. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 4846 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2010. JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking the following reliefs: “(i) Direct the Additional Munsiff's Court, Cherthala to issue certified copy of the order dated 11.2.2010 in I.A. 419/2010 (Ext.P3) in O.S. 556/2008 to the petitioners at the earliest. (ii) Direct the Additional Munsiff's Court, Cherthala to defer the trial of O.S. 556/2008 to a reasonable period (from 16.2.2010) so as to enable the petitioners to challenge the order dated 11.2.2010 in I.A. 419/2010 before the appropriate court before starting trial of the suit.” 2. Petitioner instituted O.S.556 of 2008 before the Additional Munsiff's Court, Cherthala for injunction. The matter pertains to stake nets situate in Vembanad Lake . It is stated that respondents 1 and 2 made illegal construction interfering with the right of the plaintiffs. It WPC.4846/2010. 2 is stated that respondents 1 and 2 filed a written statement disputing the identity of the plaint schedule stake nets among other contentions. The other details are unnecessary for the present purpose. 3. The suit was posted for trial on 11.2.2010. On 3.2.1010 the petitioners have filed an application for commission to locate the plaint schedule property by conducting survey measurements as I.A. 419 of 2010 and I.A. 417 of 2010 to remove the suit from the special list,copies of which are produced as Exts.P3 and P4. The court below declined to entertain the petitions and dismissed the same. 4. One of the prayers is that since the petitioners were unable to get the copy of the order immediately, there may be a direction to the court below to issue certified copy of the order at the earliest. The other prayer is for a WPC.4846/2010. 3 direction to defer the trial of O.S. 556 of 2008 for a reasonable period, so as to enable the petitioners to assail the order passed by the Additional Munsiff's Court, Cherthala in I.A.419 of 2010. 5. There can be no reason as to why the first prayer should not be allowed. As regards the second prayer, it must be noticed that the suit was posted for steps on several occasions and that the draft list was also published. On none of these occasions, the petitioners had thought it necessary to take such steps as are necessary to have a commission issued for the purposes mentioned in the petition. It was only after the suit was listed for trial on 11.2.2010 which was done as per the order on 15.12.2009, that the petitioners thought of moving a petition on 3.2.2010. Motive is obvious. Whatever that be, this writ petition is disposed of as follows: (i) There will be a direction to the court below to make available the certified copy of the order in the two applications filed by the petitioners as early as possible. WPC.4846/2010. 4 (ii) The court below will be at liberty to proceed with the trial of the suit. P. BHAVADASAN, JUDGE sb.