High Court Kerala High Court

Biju Thomas vs Adul Shukur on 3 November, 2009

Kerala High Court
Biju Thomas vs Adul Shukur on 3 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31035 of 2009(O)


1. BIJU THOMAS,MEVILETHU,25/126 C,
                      ...  Petitioner

                        Vs



1. ADUL SHUKUR,CHULLIPARAMBIL HOUSE,
                       ...       Respondent

2. RELIANCE INFRATEL LTD.,S.A.ROAD,

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :03/11/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
            W.P.(C).No.31035 OF 2009
           --------------------------
     Dated this the 3rd day of November 2009
     -------------------------------------


                     JUDGMENT

Petitioner is the plaintiff in O.S No. 478

of 2009 on the file of the Munsiff Court,

Ernakulam. Suit is for injunction and the

respondents are the defendants. Injunction sought

for is to restrain the defendants from constructing

and activating a mobile tower over the top of a

building in which the petitioner is also stated to

be in occupation of one of the flats. Activating

the mobile tower in such a building is injurious to

the health and well being of the occupants

including the petitioner appears to be the case

canvassed by the petitioner among other grounds,

for seeking an interim decree of injunction which

was initially allowed by the learned Munsiff but

later vacated considering objections raised by the

W.P.(C).No.31035 OF 2009 Page numbers

defendants. Appeal preferred by the

petitioner/plaintiff challenging the correctness of

the order passed by the learned Munsiff, it is

submitted, has been unsuccessful as the District

Judge declined to interfere with the order passed

on the interlocutory application for injunction.

Petitioner has applied for getting a copy of the

judgment but it has not been served so far. Till a

copy is served, the status quo has to be maintained

as he intends to challenge the correctness of the

judgment before this court and, further, a

direction/order has to be issued to the court below

for furnishing the copy of the judgment are the

reliefs claimed in the petition invoking the extra

ordinary jurisdiction vested with this court under

Article 227 of the Constitution of India.

2. Having regard to the submissions made

and taking note of the facts and circumstances

presented, I direct the court below to furnish a

W.P.(C).No.31035 OF 2009 Page numbers

copy of the judgment in C.M.A No.74 of 2009, if

applied for, within one week from the date of

receipt/ production of this judgment. So far as

the direction sought for by the petitioner to

restrain the construction and activation of the

mobile tower, I find it is not proper to pass any

such order without giving notice to the opposite

party. Writ petition is disposed of.

Sd/-

S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//

P.A TO JUDGE

vdv