IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 5083 of 2008(E) ------------------------- CMA.30/2007 of ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA OS.248/2006 of SUB COURT, PATHANAMTHITTA .................... PETITIONERS: ------------ 1. GRACY BABU THOMAS, W/O.LATE BABU P.THOMAS, PADINJARE VEEDU, KANNAMKODE, ADOOR, PATHANAMTHITTA-691 523. 2. JOSE THOMAS, S/O.THOMAS, PADINJARE VEETTIL, KANNAMKODE, ADOOR, PATHANAMTHITTA. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRI.VINOD RAVINDRANATH RESPONDENTS: ------------- 1. P.J.POULOSE, S/O.JOSEPH, RESIDING AT 8/231 A, OLICKAL HOUSE, THANGODE, KAKKANAD, KOCHI-30. 2. LISSY POULOSE, W/O.P.J.POULOSE, 5/255, OLICKAL HOUSE, THENGODE, KAKKANAD, KOCHI-682 030. 3. ROSHINI PAUL JOSEPH, D/O.POULOSE, 5/255, OLICKAL HOUSE, THENGODE, KAKKANAD, KOCHI-682 030. 4. ROSHINI PAUL JOSEPH, D/O.LISSY POULOSE, 5/255, OLICKAL HOUSE, THENGODE, KAKKANAD, KOCHI-682 030. BY SR. ADV. SRI. S.V. BALAKRISHNAN IYER ADV. SRI P.HARIDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008 ALONG WITH WPC NO. 8358 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO 5083/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE COMMON ORDER OF THE ADDITIONAL DISTRICT COURT (ADHOC -I), PATHANAMTHITTA DT. 11.6.07 EXT.P2. COPY OF THE REPORT SUBMITTED BY THE COMMISSIONER BEFORE THE SUB COURT, PATHANAMTHITTA DT. 27.9.07 EXT.P3. COPY OF THE ORDER OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PATHANAMTHITTA DT. 5.1.08 EXT.P4. COPY OF THE REPORT SUBMITTED BY THE PRINCIPAL TO THE PETITIONERS DT. 4.2.08 EXT.P5. COPY OF THE REPORT SUBMITTED BY THE ACADEMIC CO-ORDINATOR TO THE 1ST PETITIONER EXT.P6. COPY OF THE REPORT SUBMITTED BY THE CAMPUS ADMINISTRATOR TO THE 1ST PETITIONER DT. 8.2.08 EXT.P7. COPY OF THE FIR LODGED BY THE PATHANAMTHITTA POLICE AS F.I.R. 21/08 DT. 5.2.08 EXT.P8. COPY OF THE NOTICE PUBLISHED BY THE 1ST RESPONDENT DT. 8.2.08 EXT.P9. COPY OF THE NOTICE PUBLISHED BY THE 1ST RESPONDENT ON 10.9.07 EXT.P10. COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PRINCIPAL OF THE COLLEGE DT. 10.9.07 EXT.P11. COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE DISTRICT POLICE SUPERINTENDENT ON 4.2.08 EXT.P12. COPY OF IA 208/08 IN OS 248/06 ON THE FILE OF THE SUBORDINATE JUDGES COURT, PATHANAMTHITTA DT. 7.2.08 EXT.P13. COPY OF THE REPORT SUBMITTED BY THE 1ST PETITIONER BEFORE THE ADVOCATE COMMISSIONER ON 7.2.08 /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). Nos. 5083 & 8358 OF 2008 --------------------- Dated this the 24th day of March, 2008 JUDGMENT W.P.(C). No. 5083 of 2008 is filed with a prayer to direct the respondents to restore the possession, which was available as on 3.2.08, with respect to the management of Carmel Educational Trust and Carmel Engineering College, Perunadu, Pathanamthitta and to pass an order directing the court of the Subordinate Judge, Pathanamthitta, to consider and pass appropriate order on Ext.P12 immediately. 2. W.P.(C). No.8358 of 2008 is filed with a prayer to direct the learned Subordinate Judge, Pathanamthitta, to dispose of Exts. P7 and P8 applications before proceeding any further in the suit and before proceeding with Ext.P5 application, which is Ext.P12 in W.P. (C). No. 5083/08. Learned counsel would also submit that he has filed IA 404/08 for sending the document for comparison of handwriting by the expert. 3. The writ petitioners in W.P.(C). No. 5083 of 2008 has moved a writ petition before this court challenging the order of the WPC Nos. 5083 & 8358/08 2 District Judge, Pathanamthitta, in CMA Nos. 30 & 31 of 2007. The other side has also filed WP(C) No. 20070/07 challenging the finding regarding the character of the trust. Those two matters are pending before this court for consideration. In W.P.(C). No.5083 of 2008 it is alleged that when matters were going on smoothly after the appointment of a Commissioner by the court in the light of the judgment in the CMA Nos. 30 & 31 of 2007 the Secretary has taken law into his hands and has ousted the petitioners, which is totally against the order of the court and therefore they have moved the application for a mandatory injunction in the form of Ext.P5, which is referred to as Ext.P12 in the other writ petition. The other side would also contend that the Commissioner is behaving in a partisan manner and hence he has to be removed. It is further averred that they have moved an application for sending the document for expert comparison as well as another application to remove the Commissioner. Now it has to be made clear that the whole matter has to be proceeded on the basis of the order passed by the District Judge in CMA Nos. 30 & 31 of 2007. Though, those orders are under challenge, this court has not stayed the operation of the order. So it is an order in force, which has to be respected and implemented WPC Nos. 5083 & 8358/08 3 by the parties. Whether one party has violated or one party has transgressed the limits etc. are all matters which has to be considered in the applications pending before that court. So, I make it clear that pendency of WPC No. 19200/07 and 20070/07 shall not stand in the way of the trial court for considering the applications to see that the letter and spirit of the order passed by the District Judge in CMA Nos. 30 & 31 of 2007 is implemented in full. I am not expressing anything on the merits of the case for the reason that they are totally disputed facts whereby the college atmosphere itself is alleged to be polluted. Therefore, the writ petitions are disposed of as follows: (i) The trial court is directed to consider Ext.P12 application in W.P.(C). No. 5083 of 2008 and also Exts.P7 and P8 applications in W.P.(C). No.8358 of 2008 and IA 404/08 (Ext.P9) pending before the same. The court shall have its own procedure to see that the order of the District court, which is in force now, is obeyed by the parties in the letter and spirit and it shall pass appropriate orders for implementation of the same after considering the objections raised by the parties in that regard. (ii) To enable the court below to have a perusal of the WPC Nos. 5083 & 8358/08 4 documents, I direct the Registry to send the lower court records of WPC No. 20070/07, which has been called for from the trial court, immediately by informing the District Judge, Pathanamthitta to send a process server so that it can be send through him in order to avoid the delay in the matter. I once again make it clear that I am not making any aspersions on the merits or demerits of the case and further that the writ petitions pending in this court shall have nothing to do with the applications that are pending consideration before the court at present. All the documents and papers produced by both parties shall be considered for the purpose of disposal of the case. M.N.KRISHNAN, JUDGE vps WPC Nos. 5083 & 8358/08 5 WPC Nos. 5083 & 8358/08 6