IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37538 of 2008(R) -------------------------- OS.296/2006 of MUN-MAGI COURT, SASTHAMCOTTA .................... PETITIONER(S): --------------- 1. TRAVANCORE COCHIN DIOCEAN TRUST ASSN. REP. BY THE PRESIDENT OF T.C.D.T.A. IVERKALA LOCAL PROTECTION RIGHTS COUNCIL CONSISTING OF ALL BENEFICIARIES A.BIJU, AGED 30, AGRICULTURIST, CHRISTIAN, S/O.ABRAHAM, R/AT MOLLAPURA VEEDU, IVERKALA EAST P.O., KUNNATHOOR VILLAGE, KUNNATHOOR TALUK 2. JOINT SECRETARY, MR.K.Y.SHEELAS, IVERKALA LOCAL AREA T.C. DIOCEAN TRUST ASSOCIATION, AGED 38, S/O.YOHANNAN, CHRISTIAN, RESIDING AT KOTTUVILA VEEDU, IVERKALA EAST P.O. KUNNATHOOR VILLAGE, 3. REGI, S/O.KOCHU KUNJU, AGED 32, AGRICULTURIST, COUNCIL MEMBER, PROTECTION RIGHT TCDTA. IVERKALA, RESIDING AT VALLITHUNDIL VEEDU, IVERKALA NADUVIL, IVERKALA EAST P.O., KUNNATHOOR VILLAGE, BY ADV. SRI.P.R.VENKETESH RESPONDENTS: ---------------------- 1. SURESH K.THAMPY, S/O.C.T.THAMPI, AGED 32 C.M.S.MISSION BUNGLOW, IVERKALA EAST P.O., KUNNATHOOR VILLAGE, KUNNATHOOR TALUK. 2. P.I.GEORGE, BUSINESS, AGED 67 YEARS, CHRISTIAN, PUTHU VEETTIL MELATHIL VEEDU, IVERKALA P.O., KUNNATHOOR VILLAGE, KUNNATHOOR TALUK. 3. T.I.MATHEW, AGED 62 YEARS, AGRICULTURIST, CHURCH KAIKARAN, IVERKALA P.O., KUNNATHOOR VILLAGE, KUNNATHOOR TALUK. 4. C.S.I.BISHOP, RELIGIOUS PROPAGANDA, BISHOP HOUSE, KOTTAYAM DIST. KOTTAYAMAEAST THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J ------------------------------------------------------------ W.P(C) NO: 37538 OF 2008 ----------------------------------------------------------- Dated this the 18th December,2008. JUDGMENT The grievance of the petitioners is that though Ext.P3 objection was filed by them to Ext.P2 injunction petition filed on 7.12.2006 by the plaintiffs in O.S.296/2006 of Munsiff's Court, Sasthamcotta, the said injunction petition is not disposed of, despite the counsel for the petitioners insisting for a hearing and disposal of the said injunction petition. There is absolutely nothing on record to show that the counsel for the petitioners ever made a request in the court below to have the injunction matter heard and orders passed. I have no doubt that had any such request been made in the court below the learned Munsiff would have heard and disposed of the matter giving due priority and would not have kept the I.A on file for more than two years. The petitioners have no case that they moved any advance petition in the court below to advance hearing on Ext.P2 injunction application and to have orders passed thereon. It appears that the attempt of the petitioners/defendants in the suit instituted in 2006 is to get some order on the injunction petition and to protract trial of the suit and that there is absolutely no bonafides in their request made before WPC 37538/2008 2 this Court at this length of time for a direction being given to the Munsiff, Sasthamcotta to hear and dispose of Ext.P2 at an early date. If at all the petitioners want any such order they have to make a request in that behalf in the court below if need be, by filing advance petition and I am sure that the Munsiff will pass appropriate orders deemed necessary in the circumstances. This writ petition is devoid of merit and is dismissed. K.P.BALACHANDRAN Judge jj WPC 37538/2008 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: