IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1461 of 2008(Y) ------------------------------------- OS.355/2007 OF MUNSIFF COURT, OTTAPPALAM .................... PETITIONER: ------------------- M/S. BED ROCK CRUSHER INDUSTRIES LTD., MANGALAM P.O., LAKKIDI, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679 301, REP. BY ITS MANAGING DIRECTOR, K.S. SURESH. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, ADV. SRI.K.I.SAGEER. RESPONDENTS: ----------------------- 1. S. SWAMINATHAN, AGED 63 YEARS, S/O. LATE G.SREENIVASAN, X/44, KAUSTUBHAM P.O., MANGALAM, LAKKIDI-679 301, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. K. PREMAKUMAR, AGED 45 YEARS, S/O. AMMUKUTTY AMMA, X/650, KARUNA, P.O.MANGALAM, LAKKIDI-679 301, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. RADHAKRISHNAN, AGED 71 YEARS, S/O. LATE M.K.SANKUNNI NAIR, X/43, NANDANAM, P.O. MANGALAM, LAKKIDI-679 301, OTTAPALAM TALUK, PALAKKAD DISTRICT. 4. M.N. NARAYANAN, AGED 61 YEARS, S/O. LATE P.KUTTIKRISHNAN NAIR, X/42, SUDARSANAM, P.O. MANGALAM, LAKKIDI-679 301, OTTAPALAM TALUK, PALAKKAD DISTRICT. W.P.(C). NO.1461/2008-Y: 5. ANJANA RAMESH, AGED 28 YEARS, D/O.M.MOHANAN, X/658, MALAVIKA, P.O. MANGALAM, LAKKIDI-679 301, OTTAPALAM TALUK,PALAKKAD DISTRICT 6. LAKKIDI PERUR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, OFFICE OF THE LAKKIDI PERUR GRAMA PANCHAYAT, OTTAPALAM TALUK, PALAKKAD DIST. 7. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DIVISIONAL OFFICE, NEAR CIVIL STATION, PALAKKAD-678 001. 8. KERALA STATE POLLUTION CONTROL BOARD, REP. BY ITS MEMBER SECRETARY, PATTOM, THIRUVANANTHAPURAM. R7 & R8 BY ADV. SMT.P.K.RADHIKA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.1461 OF 2008 ===================== Dated this the 11th day of January 2008 JUDGMENT R7 and R8 enter appearance through counsel Smt.P.K.Radhika. This writ petition is filed with a prayer to set aside Ext.P11 order and also on the contention that the suit is not maintainable. The Munsiff's Court, Ottappalam has passed only a temporary order of injunction ex parte under Order 39 Rule 1 C.P.C. Order 39 Rule 4 clearly gives a right to the person aggrieved to move the said court for reversal, modification or variance of the said order. Therefore this is not a fit case were this court should interfere under Article 227 of the Constitution of India and it does not come in the four para meters of the dictum laid down in Surya Dev Rai's case. Therefore the writ petition is dismissed. But, at the same time I remind the court below to expeditiously dispose of I.A.No.2276/2007 including the question of maintainability of the suit within 3 weeks from today. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-