High Court Kerala High Court

Beeppapada Thaibi vs Kariyam Chetta Syed Mohammed on 20 November, 2008

Kerala High Court
Beeppapada Thaibi vs Kariyam Chetta Syed Mohammed on 20 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34233 of 2008(A)


1. BEEPPAPADA THAIBI
                      ...  Petitioner

                        Vs



1. KARIYAM CHETTA SYED MOHAMMED,
                       ...       Respondent

2. BEEPPAPADA MADANI,

                For Petitioner  :SRI.P.V.JYOTHI PRASAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :20/11/2008

 O R D E R
              K.P.BALACHANDRAN, J.
          ------------------------------------------------
                W. P. C. No.34233 of 2008
          ------------------------------------------------
         Dated this the 20th day of November, 2008

                        JUDGMENT

Heard the counsel for the petitioner.

2. The grievance of the petitioner is

that he filed O.S.6/06 before the District

Court, Kavarathi for declaration that

scheduled property belongs to him and the

second respondent jointly and to restrain the

first respondent and his men from trespassing

into the scheduled property and taking the

usufructs and also sought for an order of

temporary prohibitory injunction filing Ext.P2

I.A. in the said suit; that no orders had been

passed thereon and the said I.A is pending;

that while so, the first respondent along with

his men forcibly plucked coconuts from the

scheduled property and therefore, she

approached the Deputy Collector, Agathi island

and obtained Ext.P3 order with a view to have

W. P. C. No.34233 of 2008 -2-

status quo maintained at least thereafter till

orders are obtained on Ext.P2 application for

temporary injunction, but that as no District

Judge is posted at Kavarathi, the petitioner

is unable to obtain orders and that therefore,

the District Judge or Additional District

Judge, Kozhikode who holds charge of District

Judge, Kavarathi be directed to pass

appropriate orders on Ext.P2 at the earliest.

3. Having heard the submissions of

counsel for the petitioner, I am of the view

that appropriate directions are to be issued

in the matter.

4. In the result, I direct the District

Judge/Additional District Judge of Kozhikode

who holds charge of District Judge, Kavarathi

to pass appropriate orders on Ext.P2

injunction petition in O.S.6/06 on the file of

the District Court, Kavarathi as expeditiously

as possible hearing the counsel for the

W. P. C. No.34233 of 2008 -3-

respondent as well and in the event of counsel

for the respondent not turning up to pass

appropriate interim orders so as to protect

the scheduled property in the suit.

5. This Writ Petition is disposed of with

the above directions.

K.P.BALACHANDRAN,
JUDGE
kns/-