IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8900 of 2010(O) ------------------------------------ OS.283/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONER(S): ------------------------- DR.NANDAGOPAL,S/O.M.A.PONNUCHAMY, RESIDING AT 902,NETHAJI STREET,MARAPPALAM,ERODE, TAMIL NADU. BY ADVS. MR.SAJAN VARGHEESE K. MR.LIJU. M.P RESPONDENT(S): -------------------------- 1. DR.KANNAPPAN,S/O.O.M.ODAIYAPPA CHETTIYAR DOOR NO.376,MADURAI ROAD,THENI-625531, TAMIL NADU. 2. K.SATHI,W/O.KANNAPPAN,DOOR NO.376, MADURAI ROAD,THENI,TAMIL NADU-625531. 3. K.ODAIYAPPAN,S/O.KANNAPPAN, DOOR NO.376,MADURAI ROAD,THENI, TAMIL NADU.625 531. 4. K.ALAMELU,D/O.KANNAPPAN,DOOR NO.376, MADURAI ROAD,THENI,TAMIL NADU, PIN-625531. 5. M.THIYAGARAJAN,S/O.T.MEIYAPPAN, NO.11,JAWAHAR MAIN ROAD,N.R.T.NAGAR, THENI-625531,TAMILNADU. 6. V.SUNDARAM,S/O.VENKITACHALAM CHETTIAR, NO.9,PANDHADI 5TH STREET,MADURAI-625001. 7. SAROJA,D/O.PALANIAPPAN,902,NETHAJI STREET,MARAPPALAM,ERODE,TAMIL NADU. W.P.(C) NO.8900/2010 8. SELVAKUMAR,S/O.NANDAGOPAL,RESIDING AT 902,NETHAJI STREET,MARAPPALAM,ERODE, TAMIL NADU. 9. KUMARADEVI,W/O.SELVAKUMAR,902, NETHAJI STREET,MARAPPALAM,ERODE, TAMIL NADU. 10. BIRUNDHA,W/O.DR.C.MANIVANNAM, NO.128,B HOUSING UNIT,KOLLAMPALAYAM,ERODE, TAMIL NADU. 11. GEETHA,W/O.RAMESH,JAI NAGAR,BANGALORE, KARNATAKA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J --------------------------- W.P.C.No.8900 OF 2010 --------------------------------------------- Dated this the 17th day of March, 2010 J U D G M E N T Aggrieved by the non disposal of two petitions filed by the petitioner in the suit, he has come up before this court under section 227 of Constitution of India seeking appropriate directions. O.S.283/08 was instituted by the petitioner and others seeking decree of prohibitory injunction against the defendants from constructing any building in the plaint schedule property. Along with Ext.P2 petition, application for appointment of Commissioner for inspection of the plaint schedule property was filed. So also Ext.P3 petition was filed for appointment of a receiver for the proper management of the plaint schedule property. 2. These two petitions according to the petitioner are not being disposed of and this causing irreparable injury to him. It is also pointed out that in the meanwhile defendants are carrying out construction which would defeat the very purpose of the suit. Therefore, the petitioner says that there W.P.C.8900/10 2 may be a direction to the lower court to dispose of the petition as early as possible. 3. In the nature of an order that is proposed to be passed, notice to respondent is unnecessary. 4. The suit is of the year 2008 and two petitions were filed along with the suit. There is no justification for keeping them pending. Petitioner has pointed out that orders on those petitions are absolutely necessary for safeguarding the subject matter of the suit. 5. In the result, there will be a direction to the Additional Munsiff's Court, Palakkad to consider I.A. 1739/08 and I.A.1740/08 in O.S.283/08 and dispose of the same as expeditiously as possible at any rate within a period of one month from the date of receipt of copy of this judgment. P. BHAVADASAN, JUDGE. Sou.