IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 322 of 2011(O)
1. KAYAKKAL MOHANLAL, S/O.BALAKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE THAHASILDAR, TALIPARAMBA TALUK,
3. THE VILLAGE OFFICER,
For Petitioner :SRI.BLAZE K.JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/02/2011
O R D E R
K.T.SANKARAN, J.
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O.P.(C). NO. 322 OF 2011 O
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Dated this the 1st day of February, 2011
JUDGMENT
The petitioner filed O.S.No.395 of 2010 on the file of the Court
of the Munsiff of Taliparamba against the respondents for a
permanent prohibitory injunction restraining the defendants from
trespassing into the plaint schedule property and taking possession
of the same or assigning the same or making any obstruction to the
plaintiff in possessing and enjoying the plaint schedule property. It is
stated in the plaint that the possession of the plaintiff is sought to be
disturbed as if the property is a part of the property directed to be
taken possession of in the proceedings of the Taluk Land Board as
excess land. The case of the plaintiff is that neither the plaintiff nor
his assignor was a party to the proceedings before the Taluk Land
Board and that the plaintiff is not bound by the order passed by the
Taluk Land Board. The plaintiff has also raised a contention that the
property of the declarant is lying elsewhere and it is situated in a
survey number having vast extent of property.
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2. Along with the suit, I.A.No.2479 of 2010 was filed by the
petitioner for a temporary injunction. The grievance of the petitioner
is that I.A.No.2479 of 2010 is not disposed of by the court below. No
ad interim order was granted and therefore, the petitioner is
aggrieved by the non-disposal of the application for temporary
injunction.
3. The reliefs prayed for in the Original Petition are the
following:
“a) Issue a direction or any other appropriate order
commanding the Munsiff’s Court, Taliparamba to
dispose of the Injunction petition to pending as
I.A.No.2479 of 2010 in O.S.No.395 of 2010
pending on its file on merits as expeditiously as
possible at any rate within a time limit prescribed
by this Hon’ble Court.
b) Issue a direction or any other appropriate order
restraining the respondents, their men agent and
servant from trespass into the property and taking
possession of the property and assign the same
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and making any obstruction to the petitioner in
possession and enjoying the property and from
commit any waste in the property in Resurvey
No.14/1A of Taliparamba Taluk, Pariyaram
amsom, Vayadu desom till final orders are passed
in I.A.No.2479 of 2010 in O.S.No.395 of 2010 on
the files of the Munsiff’s Court, Taliparamba.
c) Any other appropriate order or direction as this
Hon’ble Court may deem fit on the facts and in the
circumstances of the case. And allow this petition
with all costs.”
4. Relief (b) cannot be granted as the question whether any
such order should be granted shall be decided by the trial court.
However, relief (a) is liable to be granted.
Accordingly, the Original Petition is partly allowed. The
Munsiff’s Court, Taliparamba shall consider and dispose of
I.A.No.2479 of 2010 in O.S.No.395 of 2010 as expeditiously as
possible and, at any rate, within a period of one month, after
affording an opportunity of being heard to the petitioner and the
respondents. The petitioner would be free to submit before the court
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below for the grant of an ad interim order of injunction and the Court
shall consider the same in accordance with law and on the merits of
the case. It is made clear that I have not expressed any opinion on
the merits of the case.
(K.T.SANKARAN)
Judge
ahz/