IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 OP(C).No. 2604 of 2011(O) ------------------------------- (O.S.NO.166/2011 OF MUNSIFF'S COURT, THIRUVALLA) .... PETITIONER ------------------------------ MANAGER, MANNAR CHURCH M.D.L.P.SHCOOL, DR. KURIAKOSE MAR SERVARIOS VALIYA METROPOLITAN, RESIDING AT MAR APREM SEMINARY, CHINGAVANAM, KOTTAYAM DISTRICT. BY ADVS. SRI.P.HARIDAS SMT.SIKKY RAVISHANKAR RESPONDENT(S): -------------------- 1. OMANA SKARIA, KALARICKAL VEETTIL,MANNAR MURI, KADAPRA VILLAGE, THIRUVALLA TALUK-689 622. 2. VALSAMMA ELIYAS, EDAYADIL VEETTIL, PAVUKKARA MURI, MANNAR VILLAGE, CHENGANNUR TALUK - 689 622. 3. DAISY JACOB, MULETHARAYIL VEETTIL, PANDANADU VILLAGE AND TALUK - 689 622. 4. SINDHU CHERIAN, CHEMBIL VEETTIL, PAVUKARA MURI,MANNAR VILLAGE AND TALUK - 689 622. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2604/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ROUGH SKETCH SHOWING THE CHRCH AND L.P. SCHOOL BUILDINGS. P2: COPY OF THE GOVERNMENT ORDER NO.3730/2010 DATED 19/08/10 P3: COPY OF THE GOVERNMENT ORDER NO.184/2011 DATED 13/01/2011 P4: COPY OF THE PLAINT IN O.S.166/2011 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 26/03/2011 FILED BY RESPONDENTS. P5: COPY OF THE INJUNCTION APPLICATION IN O.S.166/2011 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 26/03/2011 FILED BY RESPONDENTS. P6: COPY OF THE ORDER DATED 28/03/2011 PASSED BY LEARNED MUNSIFF, THIRUVALLA IN I.A.NO.1180/2011 IN O.S.NO.166/2011. P7: COPY OF THE OBJECTION DATED 02/04/2011 FILED BY THE 2ND DEFENDANT. P8: COPY OF THE WRITTEN STATEMENT DATED 06/04/2011 FILED BY THE 2ND DEFENDANT. P9: COPY OF THE ORDER NO.C1-643/2011 DATED 28/03/2011. P10: COPY OF THE JUDGMENT DATED 31.03.2011 IN WPC.NO.10395/2011 OF THIS HONOURABLE COURT. P11: COPY OF THEORDER NO.C1-643/2011 DATED 01/04/2011 ISSUED BY THE 3RD RESPONDENT. P12: COPY OF THE APPLICATION DATED 22/03/2011. P12(a):COPY OF THE FITNESS CERTIFICATE DATED 15/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2604 of 2011 ==================================== Dated this the 09th day of August, 2011 J U D G M E N T Petitioner claims to be the Manager of a Lower Primary School and claims to have obtained an order dated 13.01.2011 from the Joint Secretary, Education Department to demolish the allegedly dilappidated portion of the school building for the use of church. Respondents filed O.S. No.166 of 2011 in the court of learned Munsiff, Thiruvalla with an application for temporary injunction against such demolition and an ex parte, interim order of injunction was granted. Learned counsel submitted that learned Munsiff is on leave. Grievance of petitioner is that on account of the order of injunction, petitioner is not able to comply with the order he has obtained from the Joint Secretary. Hence this Original Petition praying that necessary direction may be issued. 2. If the matter is urgent and if charge of learned Munsiff is given to some other court, it is open to the petitioner to request the said court to pass appropriate orders on the application for injunction or, in case such charge is not given, invoke Section 24 O.P(C) No.2604 of 2011 -: 2 :- of the Code of Civil Procedure and request learned District Judge concerned for appropriate relief. Original Petition is closed with the above observation. THOMAS P. JOSEPH, JUDGE. vsv