High Court Kerala High Court

All Kerala Tile Manufactures vs Varghese on 12 June, 2009

Kerala High Court
All Kerala Tile Manufactures vs Varghese on 12 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15679 of 2009(O)


1. ALL KERALA TILE MANUFACTURES
                      ...  Petitioner

                        Vs



1. VARGHESE, S/O.OUSEPH,
                       ...       Respondent

2. KERALA STATE REPRESENTED BY

3. REVENUE DIVISIONAL OFFICER, THRISSUR.

4. GEOLOGIST, DEPARTMENT OF MINING AND

5. VILLAGE OFFICER, EAST CHALAKUDY

6. AGRICULTURAL OFFICER, KRISHI BHAVAN,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :12/06/2009

 O R D E R
                    S.S.SATHEESACHANDRAN, J.
                    -----------------------------------
                    W.P.(C).No.15679 of 2009 - O
                     ---------------------------------
                Dated this the 12th day of June, 2009

                            J U D G M E N T

This writ petition is filed under Article 227 of the Constitution

of India seeking the following relief:

“To call for records leading to Ext.P3 and set aside the same”

2. The 1st respondent herein filed a suit as O.S.No.92/09 as

against respondents 2 to 6 for a perpetual prohibitory injunction to

restrain them from granting any permission to remove soil from

paddy fields scheduled in the plaint. In that suit, the petitioner

moved an application under Order I Rule 10(2) CPC to implead it as

an additional defendant stating that any decree/order to be passed

in the suit will have disastrous consequences on its members who

are engaged in the removal of clay for manufacturing tiles.

Impleadment sought for by the petitioner in that suit was objected

to by the plaintiff. Learned Munsiff after hearing both sides passed

Ext.P3 order disallowing that application. Impeaching the

correctness and propriety of that order, petitioner has filed this writ

petition under Article 227 of the Constitution of India invoking

supervisory jurisdiction of this Court.

3. The learned Government Pleader has taken notice for

W.P.(C).No.15679 of 2009 – O

2

respondents 2 to 6. Notice to 1st respondent, plaintiff in the suit is

dispensed, as I find notice to him on the submission made and the

facts presented is not necessary.

4. Having heard the counsel for the petitioner at length and

also perusing Ext.P3 order passed by the learned Munsiff, I find

there is no impropriety or illegality in the order declining the

request made by the petitioner for impleadment as an additional

defendant in the suit filed by the 1st respondent. The petitioner has

to work out his remedy by taking appropriate proceedings as

envisaged by law and on the facts and circumstances presented, it

is seen that he cannot resist the claim of the plaintiff in the suit

which is sought for and confined to the defendants in that suit. The

order/decree likely to be passed in the suit may have its

ramification and consequences on the petitioner or its members,

cannot be given any consideration, when the plaintiff has sought for

relief of injunction only against defendants impleaded in his suit.

The writ petition is dismissed.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-