High Court Kerala High Court

Koyappathodi Saw Mill (P) Ltd vs State Of Kerala on 18 March, 2010

Kerala High Court
Koyappathodi Saw Mill (P) Ltd vs State Of Kerala on 18 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33804 of 2008(Y)


1. KOYAPPATHODI SAW MILL (P) LTD.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE TAHSILDAR, KOZHIKODE, HEADING AT

                For Petitioner  :SRI.C.P.MOHAMMED NIAS

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :18/03/2010

 O R D E R
                 S.S.SATHEESACHANDRAN, J.
                     -------------------------------
                 W.P.(C).NO.33804 OF 2008 ()
                   -----------------------------------
            Dated this the 18th day of March, 2010

                         J U D G M E N T

Petitioner is the plaintiff in O.S.No.119 of 2008 on the file

of the Sub Court, Kozhikode. Suit is one for a declaration that

the plaintiff is not liable to be evicted from the properties, six

items described in the plaint. The defendants in the suit are the

State and the Revenue official. In the suit, plaintiff moved an

application for interim injunction to restrain the defendants from

evicting him from the properties till disposal of the suit. That

application was resisted by the defendants. The learned Sub

Judge, after hearing both sides, dismissed that application.

Ext.P4 is that order. Plaintiff preferred an appeal against Ext.P4

order before the District Court, Koxhikode. The learned District

Judge after reappreciating the materials concurred with the

views expressed by the learned Sub Judge in Ext.P4 order,

dismissed the appeal vide Ext.P6 judgment. Propriety and

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correctness of Ext.P4 order and Ext.P6 judgment are challenged

in the writ petition invoking the supervisory jurisdiction vested

with this Court under Article 227 of the Constitution of India.

2. I heard the counsel on both sides. Perusing Ext.P4

order passed by the learned Sub Judge and Ext.P6 judgment of

the learned District Judge, both of them concurring that the

petitioner/plaintiff is not entitled to the discretionary relief of

injunction applied for, I find no impropriety or illegality in

declining that relief. The learned counsel appearing for the

petitioner/plaintiff being fully aware of the limited scope of

invoking the writ jurisdiction of this Court in impeaching the

concurrent findings entered by the two inferior courts declining

the interim relief of injunction, contended that some of the

observations made in Ext.P6 judgment passed by the learned

District Judge, if not removed, would cause prejudice to the

plaintiff in the trial of the suit. I do not find any merit in the

apprehension canvassed since it is needless to point out that

none of the observations made in the interlocutory application

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shall have any bearing in the disposal of a suit on its merits. It is

submitted that the suit is ripe for trial. The learned Sub Judge is

directed to dispose the suit untrammelled by any of the

observations in his Ext.P4 order and Ext.P6 judgment rendered

by the learned District Judge, as expeditiously as possible, at any

rate, within a period of six months from the date of

receipt/production of a copy of this judgment. Writ petition is

disposed accordingly.





                                     S.S.SATHEESACHANDRAN
                                                  JUDGE


prp

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