IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH JUNE 2007 / 5TH ASHADHA 1929 WP(C).No. 28018 of 2005(I) -------------------------- AGAINST THE ORDER IN IA..2049/05 & 3076/05 IN OS.30/2003 of ADDL.M.C.-1,KOZHIKODE. .................... PETITIONER: ------------ N.RAMACHANDRAN NAIR, S/O.RAGHAVAN PILLAI, RESIDING AT SIVA SAILAM, EAST HILL, KOZHIKODE-5. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.HARISH R. MENON RESPONDENTS: ------------- 1. CALICUT TIMES, REPRESENTED BY ITS CHIEF EDITOR, KAMMATHY LANE, KOZHIKODE, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK. 2. MALAYALA MANORAMA CO.LTD., REPRESENTED BY ITS CHIEF EDITOR K.M.MATHEW, WAYANAD ROAD, KOZHIKODE 673 011. 3. THE NEWS EDITOR, MALAYALA MANORAMA CO.LTD., IN DO. DO. 4. THE MATHRUBHUMI PRINTING & PUBLISHING CO.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, K.P.KESAVA MENON ROAD, KOZHIKODE-673 001. 5. K.GOPALAKRISHNAN, EDITOR, MATHRUBHUMI DAILY, THE MATHRUBHUMI PRINTING & PUBLISHING CO. LTD., IN DO. DO. 6. M.P.PRADEEPKUMAR, S/O.M.O.P.NAMBIAR, TECHNO TOP, VAIKOM MUHAMMED BASHEER ROAD, KOZHIKODE-1, NAGARAM AMSOM DESOM, KOZHIKODE TALUK. WPC.28018/05 7. A.VISWANATHAN, S/O.APPU NAIR, RESIDING AT VISWAM, POST CIVIL STATION, KOZHIKODE-673 020. 8. DAFFODILS EDUCATIONAL & CHARITABLE TRUST, REPRESENTED BY ITS MANAGING TRUSTEE, M.P.JAYAN, S/O.M.P.KRISHNAN MANAKKATT PARAMBA HOUSE, WEST HILL, KOZHIKODE-673 005, KACHERI AMSOM, DESOM, KOZHIKODE TALUK. R4 & R5 BY ADV. SRI.T.G.RAJENDRAN R6 & R7 BY ADV. SRI.AVM.SALAHUDIN R2 & R3 BY SR.ADV.SRI.K.P.DANDAPANI R1 BY ADV.SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) R8 BY ADV. SRI.P.K.SAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.28018/05 APPENDIX PETITIONER'S EXTS: EXT.P1 – TRUE COPY OF I.A.2049/05 IN O.S.30/03 MUNSIFF'S COURT-IA, KOZHIKODE, DT.20.6.05. EXT.P2 – TRUE COPY OF COUNTER FILED BY R6 & R7 IN IA.2049/05 DT.30.1.05. EXT.P3 – TRUE COPY OF ORDER IN EXT.P2 IA., DT.8.8.05. EXT.P4 – TRUE COPY OF ORDER OF ADDL. MUNSIFF-I, KOZHIKODE IN I.A.3076/05 IN I.A.2049/05 IN O.S.30/03 /TRUE COPY/ PIUS C. KURIAKOSE, J. .......................................................... W.P.(C)No.28018 OF 2005 ........................................................... DATED THIS THE 26TH JUNE, 2007 J U D G M E N T The submissions of Mr.S.V.Balakrishna Iyer, Senior Counsel notwithstanding, I am not able to say that Ext.P3 order dismissing the application under Section 10 for stay or Ext.P4 order passed on an application seeking review of Ext.P3 are vitiated to the extent of justifying interference by this Court under Article 227 of the Constitution. The matter directly and substantially in issue in the earlier suit is not directly and substantially in issue in the subsequently instituted suit. But, as rightly submitted by the Senior Counsel, the result of the earlier suit can have some bearing on the prospects of the subsequent suit. Considering this aspect, even as I confirm Exts.P3 and P4, I order transfer of O.S.No.30 of 2003 which is pending before the Additional Munsiff-I, Kozhikode over to the Principal Sub Court, Kozhikode which is presently trying O.S.No.215 of 2003. It is open to any of the parties to move the Sub Court for consolidation and joint trial of the two suits. The Writ Petition is disposed of as above. No costs. (PIUS C.KURIAKOSE, JUDGE) tgl WP(C)N0. -2- WP(C)N0. -3-