IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 8725 of 2009(O) ------------------------- OS.27/2007 OF PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER(S): --------------- P.A.KUMARAN, S/O.AYYAPPAN, AGED 50 YEARS, PUTHUPARA, VAYALKARA, KUNNUKARA, REP. AS THE PRESIDENT, KOOTTALA KSHETHRA KSHEMA SAMITHI, KOOTTALA BHAGAVATHI TEMPLE, VAYALKARA, KUNNUKARA. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.RAJESH KUMAR RESPONDENT(S): --------------- 1. ASOK KUMAR, MANKUZHI HOUSE, KUNNUKARA VILLAGE, PARAVUR TALUK. 2. THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. 3. K.P.RAJASEKHARAN, SECRETARY, KALLANGHATT, KOOTTALA KSHETHRA KSHEMA SAMITHI, VAYALKARA, KUNNUKARA. 4. GOPI, VICE PRESIDENT, VETTANNATH, KOOTTALA KSHETHRA KSHEMA SAMITHI, VAYALKARA, KUNNUKARA. 5. SUKUMARAN, TREASURER, KOOTTALA, KOOTTALA KSHETHRA KHEMA SAMITHI, VAYALKARA, KUNNUKARA. 6. SIVARAMAN NAIR, KALLANGHATT, KOOTTALA KSHETHRA KSHEMA SAMITHI, VAYALKARA, KUNNUKARA. WPC 8725/09 7. T.N.HARIDAS, PRANAVAM, VADAKKEVEEDU, THELATHURUTH, KUTHIYATHODE P.O., SECRETARY, KERALA KSHETHRA SAMRAKSHANA SAMITHI. 8. K.P.SURESH, KAUSTHABHAM, KANJIRAKKAD, SECRETARY, HINDU AIKYAVEDI, ANGAMALY. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R2 SRI.DINESH R.SHENOY FOR R1 SRI.V.V.UNNIKRISHNAN FOR R1 SRI.A.JOSEPH GEORGE FOR R1 SRI.G.HARIKRISHNAN (TRIPUNITHURA) FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- W.P.(C).No.8725 of 2009 -------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner is the second defendant in O.S.No.27 of 2007 on the file of the court of the Principal Sub Judge, Paravur. The suit was filed by the first respondent for fixation of boundary and consequential injunction. The suit is pending. The Writ Petitioner and others filed I.A.No.1271 of 2008 dated 17.3.2008 (Ext.P2) for permission to install the deity of Brahmarakshasu on the thara mentioned in Ext.P2 application. Ext.P2 application is pending disposal. The prayer in the Writ Petition is to issue a direction to the Sub Court, Paravur to dispose of Ext.P2 application expeditiously. 2. Learned counsel appearing for the first respondent/plaintiff contended that the thara was constructed violating the interim order granted in the suit and that I.A.No.1508 of 2007 was filed by the plaintiff under Rule 2A of Order 39 of the Code of Civil Procedure and that application is also pending. He also submitted that I.A.No.1573 of 2008 was WPC No.8725/2009 2 also filed by the first respondent/plaintiff for injunction restraining the defendants from making further constructions. That application is also pending. The counsel for the first respondent submitted that he has no objection in issuing a direction to the trial court to dispose of Ext.P2 application. But, his submission is that along with Ext.P2 application, I.A.Nos.1508 of 2007 and 1573 of 2008 may also be directed to be disposed of. The learned counsel for the petitioner has no objection to the suggestion made by the first respondent. 3. Accordingly, the Writ Petition is disposed of as follows: The Principal Sub Court, Paravur shall dispose of I.A.Nos.1271 of 2008, 1508 of 2007 and 1573 of 2008, as expeditiously as possible, after affording an opportunity of being heard to both parties. K.T.SANKARAN, JUDGE csl