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. 8320 of 2009(O) PETITIONER: --------------- SREE RANJINI, W/O.SIVAPRASAD, AGED 54, NOW RESIDING AT ANJANI, MUNDAYIL, VARKALA, THIRUVANANTHAPURAM 695141. BY ADV. SRI.R.ANILKUMAR RESPONDENT: --------------- MOHANDAS, S/O.SADANANDAN, DAS LAND, VADASSERI KONAM P.O., NJEKKAD, CHEMMARUTHY VILLAGE, VARKALA, THIRUVANANTHAPURAM. 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. 8320 OF 2009 O ------------------------------------------------------ Dated this the 23rd March, 2009 JUDGMENT Though notice was issued to the respondent by special messenger, the respondent has not entered appearance. 2. The petitioner filed O.S.No.353 of 2008 (probably, wrongly mentioned as 258 of 2008 and 358 of 2008 in the Writ Petition) before the Munsiff's Court, Varkala against the respondent restraining him from constructing a latrine in the plaint B schedule property in violation of the provisions of the Kerala Municipalities Act. The petitioner/plaintiff states that the plaint A schedule property belongs to him and the plaint B schedule property belongs to the respondent/defendant. The defendant attempted to construct a latrine violating the Rules. I.A.No.2342 of 2008 was filed by the petitioner for temporary injunction. It is stated in the Writ Petition that the court below dismissed the application for temporary injunction on 18.2.2009. It is stated that the Counsel for the petitioner in the court below did not apply for carbon copy. The petitioner engaged another counsel and applied for certified copy of the order in I.A.No.2342 of 2008. The petitioner states that he has not received the certified copy so far. The petitioner alleges that, in the meanwhile, the respondent is taking hasty steps to construct the latrine. The petitioner intends to file a W.P.(C) NO.8320 OF 2009 :: 2 :: Civil Miscellaneous Appeal against the order in I.A.No.2342 of 2008. 3. The reliefs prayed for in the Writ Petition are the following: “(a) to issue appropriate direction or order commanding the Munsiff's Court, Varkala to issue the certified copy of the Order in the IA.No.2342/2008 in OS.258/2008 forthwith issue the direction or order calling for the records. (b) to issue appropriate direction to the respondent to retain the status quo as on today for the period of 1 month for the construction of toilet within the prohibited area as for Municipal Building rules. (c) to issue such other direction or order which deem fit for the facts and circumstances of the case.” 4. The Munsiff's Court, Varkala shall issue certified copy of the order in I.A.No.2342 of 2008 in O.S.No.353 of 2008 to the petitioner within a period of one week. The respondent shall maintain the status quo as on today for a period of ten days. The Writ Petition is disposed of as above. Communicate a copy of this judgment to the Munsiff's Court, Varkala. (K.T.SANKARAN) Judge ahz/