High Court Kerala High Court

Bathery Maha Ganapathy Kshethra … vs The Malabar Devaswom Board on 11 March, 2010

Kerala High Court
Bathery Maha Ganapathy Kshethra … vs The Malabar Devaswom Board on 11 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6678 of 2010(H)


1. BATHERY MAHA GANAPATHY KSHETHRA SAMITHY
                      ...  Petitioner

                        Vs



1. THE MALABAR DEVASWOM BOARD
                       ...       Respondent

2. THE ASSISTANT COMMISSIONER

                For Petitioner  :SRI.M.P.ASHOK KUMAR

                For Respondent  :SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM

The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :11/03/2010

 O R D E R
                      P.R.RAMAN, Ag.C.J. &
                  C.N.RAMACHANDRAN NAIR, J.

                    -------------------------------

                    W.P.(C) No.6678 of 2010
                    -------------------------------

               Dated this the 11th day of March, 2010

                          J U D G M E N T

Raman, Ag.C.J.

It is now brought to our notice that pursuant to the

filing of the writ petition, a Civil Suit has been filed before the

Munsiff Court, Sulthan Bathery, as O.S.No.162 of 2010. The

learned counsel, Sri.M.P.Ashok Kumar, appearing for the

petitioner submits that an order of injunction was granted by the

Munsiff Court, effective till today. According to the petitioner, he

has not received Ext.P11 order, but it is seriously disputed by

the other side.

2. However, since the matter is pending before the

Civil Court, we need not entertain the writ petition to consider

the very same contentions as are now available, if so advised, in

the civil suit. In view of the above circumstances, we direct that

the stay granted by the Civil Court will stand extended for a

period of 10 days from today, so as to enable the petitioner to

W.P.(C) No.6678 of 2010

2

incorporate any additional prayers, if so advised. Thereafter, the

matter will be governed by any orders that may be passed by

the Civil Court untrammeled by any observations made by this

Court.

The writ petition is disposed of as above.

P.R.RAMAN,
Ag. CHIEF JUSTICE

C.N.RAMACHANDRAN NAIR,
JUDGE

nj.