IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5591 of 2010(O) ------------------------------------ AGAINST THE ORDER IN IA 1538/10 IN OS.118/2010 of PRINCIPAL SUB COURT,ERNAKULAM . RCP.128/2001 of PRL.M.C.,ERNAKULAM (129/01, 130/01) .................... PETITIONER(S): ------------------------ K.N.SANADHANAN, S/O. NARAYANAN, AGED 51,RESIDING AT KATTUMPURATH- HOUSE,THEVARA COLONY, ELAMKULAM VILLAGE, KANAYANNUR THALUK, COCHIN 13, EXECUTIVE COMMITTEE MEMBER, TAXI DRIVERS UNION TRUST, HAVING REGI. NO.47273,CANON SHED ROAD, COCHIN 11. BY MR.T.KRISHNANUNNI SENIOR ADVOCATE BY ADVS. MR.HARISH R. MENON MR.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------ 1. K.A. ANTONY, S/O. AUGUSTINE, AGED 65, RESIDING AT KALLUVEETTIL HOUSE, KADAMAKUDY P.O., ERNAKULAM DISTRICT. 2. TAXI DRIVERS UNION TRUST, MARUTI VILAS LODGE, CANON SHED ROAD, ERNAKULAM DESOM,ERNAKULAM VILLAGE. 3. A.C.JOSE,S/O.KOCHACKO, AGED 70 MANAGING TRUSTEE OF TAXI DRIVERS UNION TRUST AMBATTU HOUSE, RESIDING AT D.H.ROAD ,ERNAKULAM. 4. A.K.CHANDRAN, S/O.KESAVAN, AGED 61 SECRETARY, TAXI DRIVERS UNION TRUST MARUTI VILAS LODGE, CANON SHED ROAD, ERNAKULAM. W.P.(C) NO.5591/2010 5. M.T.JOHN, AGED 65, TREASURER, TAXI DRIVERS UNION TRUST MARUTI VILAS LODGE, CANON SHED ROAD, ERNAKULAM. 6. K.J.YESUDAS, S/O.JOSEPH AGED 60, VICE PRESIDENT TAXI DRIVERS UNION TRUST MARUTI VILAS LODGE, CANON SHED ROAD, ERNAKULAM. 7. TAXI DRIVERS UNION HAVING REGISTRATION NO.E-472/73 REPRESENTED BY ITS SECRETARY MARUTI VILAS LODGE, CANON SHED ROAD, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 5591 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 19th day of February, 2010 JUDGMENT In the light of the judgment that is proposed to be passed, notice to the respondents in this writ petition is unnecessary. 2. The petitioner has instituted suit O.S. No.118 of 2010 before the Sub Court-III, Ernakulam seeking a decree for recovery of the plaint schedule property together with mesne profits from the 1st respondent. He sought for attachment of certain amount lying in deposit in various rent control petitions. 3. The petitioner points out that the court below issued notice on attachment petition. The petitioner apprehends that if order on the attachment petition is delayed, there is every chance of the 1st respondent withdrawing the amount deposited in R.C.P. Nos.128, 129, 130 of 2001 on the file of the Rent Control Court (Munsiffs Court), Ernakulam W.P.(C) No. 5591/2010 2 and hence, disbursement of the amount may be kept in abeyance till attachment petition is considered by the court blow. 4. The prayer made is reasonable and just. Hence, there will be a direction to keep in abeyance the disbursement of the amount in R.C.P. Nos.128, 129, 130 of 2001 on the file of the Rent Control Court (Munsiffs Court), Ernakulam till the disposal of I..A. No.1538 of 2010 in O.S. No.118 of 2010 on the file of the Sub Court, Ernakulam. This writ petition is disposed of as above. P.BHAVADASAN, JUDGE. mn.