IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 772 of 2010(O)
1. ELDHO, S/O.SLEEBA,
... Petitioner
Vs
1. MANUAL, S/O.JACOB, PEECHAPPILLIL HOUSE,
... Respondent
For Petitioner :SRI.C.M.MOHAMMED IQUABAL
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :22/11/2010
O R D E R
THOMAS P. JOSEPH, J.
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O.P.(C) No.772 of 2010
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Dated this the 22nd day of November, 2010.
JUDGMENT
Heard counsel on both sides.
2. Parties are again before me with this petition filed under Article 227
of the Constitution. They had been to this Court with W.P.(C) Nos.4486 of 2010
and 21130 of 2010 which I disposed of as per judgment dated September 17,
2010 permitting respondent herein, owner of the metal crusher unit and in
whose favour licence issued by the local authority stands, to run the metal
crusher unit until disposal of the suit. Petitioner approached this Court with
R.P.Nos.996 of 2010 and 997 of 2010 seeking review of judgment dated
September 17, 2010. Those petitions were dismissed by order dated November
9, 2010. Now the case of petitioner is that challenging the judgment dated
September 17, 2010 he has approached the Supreme Court with a Special
Leave Petition and that petition is coming up for hearing on 29.11.2010(as
learned counsel is instructed to submit). Learned counsel wants this Court to
direct respondent to maintain status quo until 30.11.2010.
3. This Court while disposing of the Writ Petitions by judgment dated
September 17, 2010 and while permitting the respondent to run the metal
crusher unit had imposed certain conditions on him and directed that on
compliance of those conditions learned Sub Judge shall issue a formal order
OP(C) No.772/2010
2
granting permission to the respondent to run the metal crusher unit. Accordingly,
respondent after allegedly complying with the conditions approached learned
Sub Judge with I.A. No.1606 of 2010 seeking a formal order granting permission
to run the metal crusher unit. It is in the meantime that petitioner has
approached this Court with this petition.
4. I do not find reason to prevent learned Sub Judge from passing
orders on I.A.No.1606 of 2010. I make it clear that notwithstanding the order I
am proposing to pass on this petition it will be open to the learned Sub Judge to
pass orders on I.A.No.1606 of 2010 pursuant to the judgment dated September
17, 2010 of this Court. But, in the light of the submission of the learned counsel
that petitioner has approached the Supreme Court with a Special Leave Petition
it is only appropriate to direct respondent not to start the metal crusher unit until
5.00 p.m. on 30.11.2010 or, till interim order is passed by the Supreme Court,
whichever is earlier.
Resultantly this petition is disposed of in the following lines:
i. Respondent is directed not to start running of the metal
crusher unit till 30.11.2010, 5.00 p.m. or, till the Supreme Court passed interim
orders in the matter, whichever is earlier.
ii. Respondent is directed, until then not to remove any
structure from the suit property.
OP(C) No.772/2010
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iii. I make it clear that this order will not prevent learned Sub
Judge, Muvattupuzha from passing order on I.A.No.1606 of 2010 pursuant to
the judgment of this Court dated September 17, 2010.
THOMAS P.JOSEPH,
Judge.
cks