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/-