IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 4723 of 2009(L) OS.266/2008 OF MUNSIFF COURT, THALIPARAMBA PETITIONER: PLAINTIFF: E.K.BABU,AGED 48 YEARS, S/O.E.K.BHAVASARMAN NAMBOODIRI, EXECUTIVE OFFICER (UNDER SUSPENSION) T.T.K.DEVESOM, THALIPARAMBA, RESIDING AT MULLOOL AMSOM DESOM, THALIPARAMA TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: DEFENDANTS: 1. SRI.E.P.HARIJAYANTHAN NAMBOODIRI, AGED 75 YEARS, S/O.MAHASENAN NAMBOODIRI, RESIDING AT ERUVESSI PUDAYOOR ILLAM, "NARAYANEEYAM" TRICHAMBARAM, THALIPARAMBA. 2. SRI.M.K.MAHESWARAN NAMBOODIRI, AGED 59 YEARS, S/O.MAHASENAN NAMBOODIRI MANIYAL KOKKUNNAM ILLAM, VELLAVU, P.O.KUTTIYERI, THALIPARAMBA. 3. SRI.N.K.E.CHANDRASHEKARAN NAMBOODIRIPADU AGED 62 YEARS,"OAM NIVAS" NARIKOTU MANA, C.POYIL, PARIYARAM P.O. THALIPARAMBA. 4. SRI.T.M.VASUDEVAN NAMBOODIRI, AGED 45 YEARS, S/O.VASUDEVAN NAMBOODIRI THERTHALA MALLISERY ILLAM, THERTHALA P.O. THALIPARAMBA. 5. SRI RAJEEVAN KAPPACHERY, AGED 38 YEARS, S/O.NARAYANAN, KAPPACHERY HOUSE, KOOTHAT,P.O.PATTUVAM PIN-670141. 6. SRI.T.PADMANABHAN, AGED 40 YEARS, S/O.M.BALAN,ELEPURAM, MORAZHA PIN-670331. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4723 OF 2009 K ------------------------------------------------------ Dated this the 23rd March, 2009 JUDGMENT The prayer in the Writ Petition is to issue a direction to the Munsiff's Court, Thaliparamba to dispose of Ext.P2 Interlocutory Application expeditiously. 2. It is stated that the petitioner was the Executive Officer of T.T.K.Devaswom, Thaliparamba. The petitioner filed O.S.No.266 of 2008 before the Munsiff's Court, Thaliparamba for a declaration that all the decisions taken against the petitioner/plaintiff including appointment of an enquiry officer, are null and void. The suspension of the petitioner beyond six months was also challenged in the suit. A prohibitory injunction restraining the defendant from taking any decision based on the enquiry report was also prayed for. An application for temporary injunction was filed by the petitioner. It is stated that an interim order was granted. According to the petitioner, violating the order of temporary injunction, he was dismissed from service on 30.7.2008. Therefore, the petitioner filed Ext.P2 application for an interim mandatory injunction directing the defendant to maintain status quo as on 30.7.2008. The counsel for the petitioner states that the said application is I.A.No.2919 of 2008. I.A.No.2919 of 2008 is not yet disposed of. The prayer of the petitioner is to issue a direction to the court below to dispose of I.A.No.2919 of 2008. W.P.(C) NO. 4723 OF 2009 :: 2 :: 3. Though the respondents were served with notice, there is no appearance. In the facts and circumstances of the case, there will be a direction to the learned Munsiff of Thaliparamba to dispose of I.A.No.2919 of 2008 expeditiously. Every endeavour shall be made by the learned Munsiff to dispose of I.A.No.2919 of 2008 before 15.6.2009. 4. As per the order in I.A.No.3919 of 2009, the name of the sixth respondent was deleted from the array of parties at the risk of the petitioner, as per the order dated 17.3.2009. The sixth respondent was served with notice. Therefore, I.A.No.3919 of 2009 is not necessary and the order dated 17.3.2009 is recalled. The Writ Petition is allowed as indicated above. (K.T.SANKARAN) Judge ahz/