IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 OP(C).No. 2870 of 2011(O) ------------------------- OS.231/2011 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER: -------------------- PUCHITHRA GARDENS LIMITED,HAVING ITS REGISTERED OFFICE AT AMALGAM HOUSE, WILLINGDON ISLAND, COCHIN – 3 REPRESENTED BY ITS DIRECTOR SHRI.RAMESH J,THRAKAN, S/o.JOHN THARAKAN AGED 58, “RIVER HOUSE” NO.26/410B, YACHT CLUB ENCLAVE, KOMTHURUTHY, ELAMKULAM VILLAGE KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENTS: --------------- 1. THE EZHUPUNNA VILLAGE PANCHAYAT ERAMALLOOR, ALAPPUZHA DISTRICT REPRESENTED BY ITS SECRETARY, PIN 688537 2. BENSHI SHAJI, MEMBER, WARD NO.15 EZHUPUNNA VILLAGE PANCHAYAT ERAMALLOOR, ALAPPUZHA DISTRICT (BENSHI SHAJI, W/o.SHAJI, AGED ABOUT 30 MOOLANKANDY (HOUSE) EZHUPUNNA VILLAGE NEENDAKARA, CHERTHALA TALUK, ALAPPUZHA DISTRICT) – 688537 3. THE PRESIDENT, EZHUPUNNA VILLAGE PANCHAYAT ERAMALLOOR, ALAPPUZHA DISTRICT REPRESENTED BY ITS SECRETARY, PIN 688537 4. PATTANAKKAD BLOCK PANCHAYAT, PATTANAKKAD ALAPPUZHA DISTRICT REPRESENTED BY ITS SECRETARY-688531 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH O.P(C).No.2871 OF 2011 ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2870 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PLAINT DATED 25.05.2011 IN O.S.NO.231 of 2011 OF the PRINCIPAL MUNSIFF COURT, CHERTHALA EXT.P2 : COPY OF THE INJUNCTION APPLICATION DTD 25.05.2011 FILED IN EXT.P1, SUIT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE THOMAS.P.JOSEPH, J. ========================= O.P(C).Nos.2870 and 2871 of 2011 --------------------------------------------- Dated this 31st day of August, 2011 JUDGMENT Petitioners are plaintiffs in O.S.Nos.231 of 2011 and 229 of 2011, respectively of the Court of learned Munsiff, Cherthala. Petitioners filed those suits for a decree for prohibitory injunction to restrain the respondents from opening up road through the properties scheduled in the plaints. Petitioner also moved Ext.P2, applications in both the cases for an order of temporary injunction. Grievance of petitioners is that in spite of the Advocate Commissioners submitting reports and respondents not filing any counter to the said applications, learned Munsiff has not even passed any interim order on the applications. Petitioners apprehend that respondents might carry out their illegal activities in the meantime. Hence this original petition. The prayer is to direct learned Munsiff to dispose of Ext.P2, applications for temporary injunction (in both the cases) as early as possible and in the meantime to restrain respondents from trespassing into the property and putting up road. 2. Having heard learned counsel I am inclined to direct learned Principal Munsiff to pass appropriate orders on the applications for injunction having regard to the grievance of petitioners and the apprehension they have raised. Petitioners can request the learned Munsiff to pass appropriate interim orders after hearing the respondents also. I make it clear that it is open to the petitioners to file applications for advancing hearing of Ext.P2, applications and if an such request is made learned Principal Munsiff shall advance hearing of the applications to the nearest possible day and pass appropriate orders on Ext.P2, applications as circumstances warranted. The original petitions are disposed of as above. THOMAS.P.JOSEPH, JUDGE Sbna/-