IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12364 of 2009(O)
1. CHERUKATTUMANAYIL RAVEENDRAN,
... Petitioner
Vs
1. KADAMBIL BALAKRISHNAN,
... Respondent
For Petitioner :SRI.A.BALAGOPALAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :15/04/2009
O R D E R
THOMAS P.JOSEPH, J.
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W.P(C) No.12364 of 2009
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Dated this the 15th day of April, 2009
J U D G M E N T
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Respondent-Defendant in I.A. No.890 of 2009 in O.S. No.129 of
2009 of the Munsiff’s Court, Tirur is the petitioner before me.
Respondent herein filed the suit for a decree for fixation of boundary
between plaint A and B schedules, for injunction against trespass into
B schedule property and construction of building in the plaint A
schedule in violation of the building rules. Application was resisted by
the petitioner on several grounds including that the construction of
the school building in the A schedule has to be completed with the
funds allotted from the Block Panchayat Office. Petitioner’s grievance
is that though I.A. No.890 of 2009 was heard on 3.4.2009 and posted
for orders on 8.4.2009 that application now stands posted on
21.5.2009. Learned counsel for petitioner submits that though what is
prayed for in the suit is only injunction against construction of building
in plaint A schedule in violation of the building rules a blanket interim
order of injunction against any sort of construction in plaint A schedule
is grated. He therefore filed this Writ Petition under Article 227 of the
Constitution of India seeking a declaration that the interim order of
injunction will not prevent the petitioner from continuing with the
W.P(C) No.12364 of 2009
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construction of the building in plaint A schedule on the basis of Ext.P8
permit and approved plan and seeking other reliefs.
2. Since the court of Munsiff has been closed for vacation and
the District Court Manjeri is functioning as the Vacation Court, the
proper course open to the petitioner is to file appropriate application
before that Vacation court under the provisions of the Civil Courts Act
to take up the application pending in the Munsiff’s Court and seek
appropriate reliefs. That being the proper and efficacious remedy
available to the petitioner, I am not inclined to entertain this Writ
Petition.
Accordingly this Writ Petition is dismissed without prejudice to
the right of the petitioner to file appropriate application before the
vacation court.
THOMAS P.JOSEPH, JUDGE.
vsv
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THOMAS P.JOSEPH, J.
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S.A. NO. OF 2001
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J U D G M E N T
APRIL, 2009