IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 2013 of 2008(M) ------------------------- OS.6/2006 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------ ANASE P.J., PUTHENVEEDU, A.N.PURAM, MULLAKKAL VILLAGE, AMBALAPUZHA TALUK, ALLEPPEY DISTRICT. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------- 1. K.K.SWAMINATHAN, S/O.KRISHNANKUTTY, CHAIRMAN, SHINES INDIA (P) LTD., RESIDING AT VIDYA BHAVAN, THONNALLOOR MURI, THONNALLOOR VILLAGE, PANDALAM, ADOOR TALUK. 2. P.V.RAJAMMA, W/O. SWAMINATHAN, DIRECTOR, SHINES INDIA (P) LTD., RESIDING AT DO-- DO--. 3. SHINE NATH, S/O.K.K.SWAMINATHAN, RESIDING AT –DO—DO--. 4. SHINES INDIA (P) LTD., A REGISTERED COMPANY UNDER THE COMPANIES ACT, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, K.K.SWAMINATHAN, RESIDING AT VIDYA BHAVAN, THONNALLOOR MURI, THONNALLOOR VILLAGE, ADOOR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- WP(C) No. 2013 of 2008 --------------------------------- Dated, this the 16th day of January, 2008 J U D G M E N T I am really pained to state how material factors are not submitted before the Court, which some times makes the court to pass inconsistent orders. The case before me is a classical example for the same. By my judgment in WP(C) No.36473/2007, I directed the court below not to raise attachment till 10/01/2008. Suppressing that factum, the 1st respondent in the said writ petition filed another writ petition on 19/12/2007, where the prayer appears to be very innocuous and the prayer was only to direct the court to consider an application, whereby the court should intimate the dismissal of the suit and intimate about the raising of attachment. The said prayer was ordered to be considered by the court and immediately after the holidays, what has happened now is that inspite of my order in WP(C) No.36473/2007, not to raise attachment till 10/01/2008, the court has passed an order intimating about the dismissal of the suit and raising of the attachment. Therefore, it is the duty of the court now to see that the interest of all are protected. Now, the prayer in this writ petition is to consider Ext.P5 application, which is one to review the WP(C) No. 2013/2008 -2- order whereby the court has intimated about the lifting of the attachment. I direct the court below to consider that application and pass appropriate orders in the light of my previous order, within a time frame of two weeks from now and I direct the respondents herein not to alienate the property, on which there was an order of injunction till Ext.P5 application is disposed of. This writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) jg