High Court Kerala High Court

Moideen Koya vs Jarammal Raheem P.K. And Another on 8 July, 2008

Kerala High Court
Moideen Koya vs Jarammal Raheem P.K. And Another on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20389 of 2008(P)



1. MOIDEEN KOYA
                      ...  Petitioner

                        Vs

1. JARAMMAL RAHEEM P.K. AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.K.LAKSHMINARAYANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :08/07/2008

 O R D E R
                      M.SASIDHARAN NAMBIAR, J.

                        -------------------------------

                         W.P.(C) No.20389 of 2008

                        -------------------------------

                       Dated this the 8th July, 2008.

                              J U D G M E N T

Petitioner is the plaintiff in O.S.No.66 of 2008, on the

file of Munsiff Court, Quilandy. The suit is for permanent prohibitory

injunction restraining respondents-defendants from conducting quarry

operations in plaint ‘A’ schedule property alleging that it causes serious

damages to the residence of the petitioner and his family members.

This petition is filed under Article 227 of the Constitution of India

alleging that the trial court is not disposing I.A.No.391 of 2008, an

application for temporary injunction.

2. The learned counsel appearing for the petitioner was

heard.

3. The argument of the learned counsel appearing for

the petitioner is that a Commission was taken out and the

Commissioner has already submitted a report, and even though the

report submitted by the Commissioner supports the case of the

petitioner, trial court is not disposing the application for injunction, and

W.P.(C) No.20389/2008

2

as a result, respondents are carrying on the quarrying work causing

damages and nuisance, and, therefore, trail court may be directed to

dispose the petition within a time frame.

I.A.No.391/08 was filed in March, 2008 and objection

to the application was also filed in May,2008, and the report was

submitted by the Commissioner on March, 2008. In such

circumstances, Munsiff, Quilandy, is directed to dispose

I.A.No.391/2008, as expeditiously as possible, at any rate, within two

months from the date of receipt of a copy of this judgment.

M.SASIDHARAN NAMBIAR,
JUDGE

nj.