IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).NO. 16352 OF 2010(Q) -------------------------- OS.24/1996 OF ADDL.M.C.,KOZHIKODE-II .................... PETITIONER(S): --------------- C.K.BABURAJ,S/O.BALAKRISHNAN, AGED 64, CHALIPARAMBA HOUSE, CHEVAYOOR AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): --------------- 1. CHEKKAPARAMBIL NARAYANANKUTTY NAIR, S/O.KANDARU NAIR, AGED 73, NELLIKODE AMSOM AND DESOM OF KOZHIKODE TALUK. 2. EDAKKALATHIL ASOKAN, S/O. VASU, AGED 55, PARAYANCHERY AMSOM AND DESOM OF KOZHIKODE TLAUK. 3. KARAKKUNNUMAL JANARDHANANA, AGED 59, S/O.IMBICHIKKUTTAN, NELLIKKODE AMSOM AND DESOM OF KOZHIKODE TALUK. 4. MUDUVADATH GEETHA, AGED 33, D/O.RAGHAVAN NAIR,CHEVAYOUR AMSOM AND DESOM, KOZHIKODE TALUK. 5. KRISHNAPOYIL BHASKARAN, AGED 62, S/O.MUTHORAN, NELLIKKODE AMSOM AND DESOM OF KOZHIKODE TALUK. 6. CHETTIYAMVEETTIL MOHAN, AGED 47 YEARS, S/O.SUKUMARAN, NELLIKKODE AMSOM AND DESOM OF KOZHIKODE TALUK. 7. VIRUPPIL BALAKRISHNAN, AGED 63, S/O.GOVINDAN NAIR, CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 8. BHANUMATHI,AGED 65, D/O.P.K.SAMIKUTTY, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 9. SATHYAVATHI, AGED 62,D/O.P.K.SAMIKUTY, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 10. SURESH KUMAR, AGED 58 YEARS, S/O.P.K.SAMIKUTTY, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 11. SUDHEERA, AGED 53 YEARS,D/O.SAMIKUTTY, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 12. MALLIKA, AGD 54 YEARS,W/O.MOHANDAS, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 13. SAJISH MOHAN, AGED 32 YEARS, S/O.MOHANDAS, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 14. NINDHU AGED 28 YEARS, D/O. MOHANDAS, RESIDING AT CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK. 15. THE STATE OF KREALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.16352 of 2010 ==================================== Dated this the 27th day of May, 2010 J U D G M E N T A non-party to the suit (O.S. No.24 of 1996 of the court of learned Second Additional Munsiff, Kozhikode) has filed this Writ Petition seeking invocation of jurisdiction of this Court under Article 226 of the Constitution of India. Reliefs sought for are to direct learned Munsiff to drop all further proceedings in O.S. No.24 of 1996, direct learned Munsiff to permit petitioner get impleaded in the said suit and hear maintainability of the suit. Learned counsel states that O.S.No.24 of 1996 is a collusive suit between parties thereto with intend to defeat right of petitioner who is the adjacent owner. It is also submission of learned counsel that thrice he attempted to get impleaded in the suit but all his attempts failed. 2. I am not inclined to entertain the request of petitioner who is a non-party to the pending suit. A non-party cannot ask for any such relief as prayed for in the Writ Petition. If petitioner is a necessary party in O.S. No.24 of 1996 in that decision in that suit would affect his interest adversely and the suit could not be W.P(C) No.16352 of 2010 -: 2 :- decreed without him on the party array his remedy was to challenge the order refusing his impleadment or to take other appropriate course as provided under law. Reliefs sought for in this Writ Petition cannot be granted. Hence without prejudice to the right of the petitioner to seek appropriate remedy as provided under law, this Writ Petition is dismissed. THOMAS P. JOSEPH, JUDGE. vsv