IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 10756 of 2009(O) -------------------------- OS.32/2009 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): ------------------------ MANOJ KURIEN, S/O.KURIEN GEORGE, AGED 40 YEARS, GRACE HOME, PAIPPADU, THRIKKODITHANAM VILLAGE, PALLICKACHIRA P.O., CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADVS. MR.C.M.STEPHEN, MR.C.J.SOLOMAN. RESPONDENT(S): -------------------------- 1. P.K.PARAMESWARAN, MONIYAN'S HOUSE, THOTTAVADI LANE, THIRUMALA P.O., THIRUVANANTHAPURAM, NOW UNAUTHORIZEDLY-RESIDING AT T.C.17/2455/4, JAGATHY, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 2. N.SANTHA, W/O.P.K.PARAMESWARAN, MONIYAN'S HOUSE, THOTTAVADI LANE, THIRUMALA P.O., THIRUVANANTHAPURAM, NOW UNAUTHORIZEDLY-RESIDING AT T.C. 17/2455/4, JAGATHY, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 3. REENA, D/O.P.K.PARAMESWARAN, MONIYAN'S HOUSE, THOTTAVADI LANE, THIRUMALA P.O., THIRUVANANTHAPURAM, NOW UNAUTHORIZEDLY RESIDING AT T.C.17/2455/4, JAGATHY, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF POLICE (LAW AND ORDER) DGP OFFICE, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM. 5. CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 6. SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.G.P.SHINOD R4 TO R6 BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.10756 OF 2009 (O) ----------------------------------- Dated this the 8th day of June, 2009 J U D G M E N T The writ petition is filed under Article 226 and 227 of the Constitution of India seeking the following reliefs: i) to issue a writ of mandamus or any other appropriate writ or order, directing respondents 4 to 6 to remove respondents 1 to 3 and their henchmen from the premises of the petition schedules property, and to remove all obstructions from the engress and egress thereof, so as to enable the petitioner to recover their possessions and enjoyment or in the alternative to direct the learned Second Additional Sub Court, Thiruvananthapuram to evict respondents 1 to 3 through the Amin of the court or through a Receiver appointed by the same by an urgent and/or speedy disposal of the Ext.P6 petition filed under Order XL Rule 1 of CPC or otherwise. ii) to direct the learned Second Additional Sub Court, Thiruvananthapuram to adjudicate and dispose of O.S.32 of 2009 by a speedy trial and disposal as contemplated under Section 6 of the Specific Relief Act. WPC.10756/09 2 iii) to order respondents 1 to 3 to vacate their possession of the petition scheduled properties forthwith, without causing any further damage or destruction thereto in any manner whatsoever. iv) to pass such other writ, order or directions which this Honourable Court may deem fit and proper in the facts and circumstances of this case. 2. Petitioner has filed a suit for recovery of possession under Section 6 of the Specific Relief Act, in which, he moved an application for appointment of a Receiver. Ext.P6 is the copy of that application. An early consideration of that application alone is sought for by the learned counsel for the petitioner when the writ petition was taken for hearing. The Government Pleader, who appeared for respondents 4 to 6 submitted that no complaint in respect of any matter stated in the petition had been filed by the petitioner before the police and unless there is any law and order problem, the police does not in any way interfere in the disputes between the parties. The learned counsel appearing for respondents 1 to 3, who are stated to be the defendants in the suit submitted that two more suits are pending between the parties and in WPC.10756/09 3 one of them filed by these respondents as plaintiffs, an order of injunction against the wife of the petitioner, who is the defendant in that suit restraining her from forcefully dispossessing these respondents from the property, which is the subject matter in the suit filed under Section 6 of the Special Relief Act by the petitioner, was passed by the court and it is in force. 3. After hearing the counsel on both sides and having regard of the fact that the suit has been filed under Section 6 of the Specific Relief Act, I find it will not be appropriate at this stage to direct the court below to take for consideration Ext.P6 application for appointment of a Receiver as desired by the petitioner. What is required is an expeditious disposal of the suit itself in which the only question is whether within a period of six months prior to the institution of the suit, the petitioner was in possession of the suit property, and if so, had he been dispossessed from that property by the defendants. The issue being confined within the narrow scope and limited as indicated above any enquiry on an interlocutory application WPC.10756/09 4 like appointment of Receiver will be time consuming and thus, prolong the litigation. So much so, the writ petition is disposed with a direction to the court below to try and dispose of the suit as expeditiously as possible giving opportunity to both sides to substantiate their respective cases. Writ petition is dismissed. Communicate a copy of this judgment to the Sub Court, Thiruvananthapuram forthwith. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009