IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 26541 of 2009(O) -------------------------- CMA.46/2009 of II ADDL.DISTRICT COURT,ERNAKULAM OS.150/2009 of I ADDL.M.C.,ERNAKULAM .................... PETITIONER(S): --------------- M.J.MOHAN, S/O.M.T.JOSEPH, AGED 59, 2B, SKYLINE HOME STEAD, CHACKOLA COLONY, PERUMANOOR P.O., KOCHI-682 015, ERNAKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.C.CHARLES SRI.M.POLY MATHAI SRI.P.CHELLAPPAN SRI.RENJU S.T. RESPONDENT(S): --------------- 1. PRASANNA VIHAR WELFARE MAINTENANCE SOCIETY, REGISTRATION NO.ER.559/2002, OPP. HIGH COURT, KOCHI-31, ERNAKULAM VILLAGE, KANAYANNUR TALUK, REP. BY ITS PRESIDENT. 2. K.S.NAIR, LT. COL. (RETIRED), AGED ABOUT 65, FATHER'S NAME NOT KNOWN, PRESIDENT, PRASANNA VIHAR WELFARE MAINTENANCE SOCIETY, REGN. NO.ER.559/2002, OPP. HIGH COURT, KOCHI-31, ERNAKULAM VILLAGE, KANAYANNUR DISTRICT. 3. KERALA STATE ELECTRICITY BOARD, REP. BY ITS EXECUTIVE ENGINEER, ELECTRICAL SECTION, ERNAKULAM. 4. ELECTRICAL INSPECTORATE, ERNAKULAM, REP. BY THE ELECTRICAL INSPECTOR, VYTTILA, KOCHI-19. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26541 OF 2009 -------------------------- Dated this the 22nd day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Call for the records leading to the issuance of Ext.P4 and quash the same by the issuance of writ of certiorari. ii) To direct the court below to expedite the trial in O.S No.150/2009 pending before the Munsiff Court, Ernakulam. iii) To issue any other order, direction that this Hon'ble Court may deem fit in the facts and circumstances of the case. 2. Petitioner is the plaintiff in O.S No.150 of 2009 on the file of Munsiff Court, Ernakulam. Petitioner continues in occupation of a room in the building belonging to the first W.P.(C).No.26541 OF 2009 Page numbers respondent, Society on the basis of the terms and conditions covered by an agreement. Petitioner moved for having additional electric connection to the room under his occupation before the Electricity Board. Such additional connection could be provided to the room in his occupation only if consent is given by the owner, the first respondent. That consent being declined, the petitioner filed the above suit seeking a decree of mandatory injunction directing the first respondents, Society, and also its president, impleaded as the second defendant, to grant such consent. With the suit, an application for interim injunction as identical to the relief covered by the decree sought for was also urged for. First and second respondents resisted that application contending that, without authority, the petitioner had bifurcated the room under his occupation with intend to lease out one portion of that room to another, and so much so, the consent sought for W.P.(C).No.26541 OF 2009 Page numbers additional electric connection cannot be granted. The learned Munsiff, negativing the objections raised by the first and second respondents allowed the application for interim injunction, against which those respondents preferred an appeal. The learned District Judge after hearing both sides allowed the appeal and vacated the order of interim injunction. Propriety and correctness of the judgment rendered by the learned District Judge in the appeal is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. The third respondent has entered appearance through counsel. I heard the learned counsel for the petitioner and also the third respondent. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the 1st ,2nd and 4th W.P.(C).No.26541 OF 2009 Page numbers respondents is necessary and hence it is dispensed with. I do not want to express any opinion on the merits of the suit, nor of the interim injunction applied for by the plaintiff. Perusing Ext.P4 judgment of learned District Judge, I find no illegality or impropriety warranting interference in exercise of the visitorial jurisdiction of this court. Having regard to the submissions made by the respective counsel and perusing Ext.P4 judgment of the learned District Judge, I find, it will not be proper and appropriate for this court to pass any order as requested for the petitioner so as to compel the first and second respondents to give consent for taking additional electric connection to the shop room under the occupation of the petitioner. Without expressing any opinion on the merits of the orders passed by the learned Munsiff and also Ext.P4 judgment of the learned District Judge, I direct the trial court to dispose the suit giving it top priority in hearing as expeditiously W.P.(C).No.26541 OF 2009 Page numbers as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. Writ petition is disposed with the above directions. Send a copy of the judgment to the Munsiff Court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv