High Court Kerala High Court

Shri.Thomas Joseph vs State Of Kerala Represented By on 14 June, 2010

Kerala High Court
Shri.Thomas Joseph vs State Of Kerala Represented By on 14 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18066 of 2010(O)


1. SHRI.THOMAS JOSEPH, AGED 85,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT,

3. THE TAHSILDAR, THODUPUZHA TALUK,

4. THE VILLAGE OFFICER, IDUKKI VILLAGE,

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :14/06/2010

 O R D E R
                           THOMAS P. JOSEPH, J.
                          --------------------------------------
                          W.P.(C) No.18066 of 2010
                          --------------------------------------
                    Dated this the 14th day of June, 2010.

                                    JUDGMENT

Petitioner who is the appellant in C.M.A.No.18 of 2010 of the court of

learned District Judge, Thodupuzha seeks early disposal of the said appeal and

I.A.No.139 of 2010 filed in that appeal seeking injunction against respondents

committing waste in the suit property. According to the petitioner the suit

property belonged to him and on apprehension that respondents might trespass

into the said property he filed O.S.No.29 of 2010 in the court of learned sub

Judge, Thodupuzha and sought an order of temporary injunction vide I.A.No.138

of 2010. That application was dismissed as per order dated .03.03.2010 which is

under challenged in the court of learned District Judge in C.M.A.No.18 of 2010.

Learned counsel contends that even after filing of suit, respondents have

committed mischief in the suit property. Petitioner therefore seeks a direction for

early disposal of C.M.A.No.18 of 2010 and I.A.No.139 of 2010 and, in the

meantime to direct respondents to maintain status quo in regard to suit

property. Having regard to the circumstances stated by learned counsel and

considering the apprehension raised, learned District Judge is directed to

WP(C) No.18066/2010

2

dispose of C.M.A. No.18 of 2010 and I.A.No.139 of 2010 as expeditiously as

possible. Learned District Judge shall make every endeavour to hear the matter,

if possible on 28.06.2010 itself.

Writ Petition is disposed of with the above direction.

THOMAS P.JOSEPH,
Judge.

cks