IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24401 of 2008(E)
1. M.K.CHANDRA SEKHARAN & OTHERS
... Petitioner
Vs
1. MOHAN SANKAR
... Respondent
For Petitioner :SRI.MOHAN C.MENON
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/08/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.24401 of 2008
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Dated this the 13th August, 2008.
J U D G M E N T
This petition is filed under Article 227 of the Constitution
of India for a direction to Munsiff, Chavakkad, to hear and dispose of
Ext.P2 application (I.A.No.2587 of 2008) on or before 13.8.2008, so as
to enable the petitioners to proceed with Asta Dravya Maha Ganapathy
Homam and related ceremonies fixed on 15.8.2008.
2. Learned counsel appearing for petitioners and
respondent were heard.
3. Learned counsel for the petitioners pointed out that
Ext.P2 petition was filed on 31.7.2008 and Ext.P3 objection was filed
by the respondent on 7.8.2008 and unless an order is passed in Ext.P2
petition, Asta Dravya Maha Ganapathy Homam and related rituals
cannot be proceeded with and in such circumstances, a direction is to
be issued to pass orders in Ext.P2 application today itself.
4. Though learned counsel submitted that order may be
passed by this Court, when the petition is pending before the Munsiff,
W.P.(C) No.24401 of 2008
2
and it is not disposed, it is not proper for this Court to assume the
powers of the Munsiff and then pass an order, as sought for.
5. In view of the urgency, learned Munsiff should have
passed an order earlier. If the order is not passed so far, Munsiff,
Chavakkad, to pass the final order or some interim order, with regard
to the conduct of Asta Dravya Maha Ganapathy Homam fixed for
15.8.2008, today itself.
6. Registry to communicate the judgment to Munsiff,
Chavakkad, over phone.
The writ petition is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.