IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26541 of 2009(O)
1. M.J.MOHAN, S/O.M.T.JOSEPH,
... Petitioner
Vs
1. PRASANNA VIHAR WELFARE MAINTENANCE
... Respondent
2. K.S.NAIR, LT. COL. (RETIRED),
3. KERALA STATE ELECTRICITY BOARD,
4. ELECTRICAL INSPECTORATE,
For Petitioner :SRI.K.C.CHARLES
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :22/09/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.26541 OF 2009
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Dated this the 22nd day of September 2009
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JUDGMENT
The writ petition is filed seeking the
following reliefs.
i) Call for the records leading to the
issuance of Ext.P4 and quash the same by the
issuance of writ of certiorari.
ii) To direct the court below to expedite
the trial in O.S No.150/2009 pending before the
Munsiff Court, Ernakulam.
iii) To issue any other order, direction
that this Hon’ble Court may deem fit in the facts
and circumstances of the case.
2. Petitioner is the plaintiff in O.S
No.150 of 2009 on the file of Munsiff Court,
Ernakulam. Petitioner continues in occupation of a
room in the building belonging to the first
W.P.(C).No.26541 OF 2009 Page numbers
respondent, Society on the basis of the terms and
conditions covered by an agreement. Petitioner
moved for having additional electric connection to
the room under his occupation before the
Electricity Board. Such additional connection
could be provided to the room in his occupation
only if consent is given by the owner, the first
respondent. That consent being declined, the
petitioner filed the above suit seeking a decree of
mandatory injunction directing the first
respondents, Society, and also its president,
impleaded as the second defendant, to grant such
consent. With the suit, an application for interim
injunction as identical to the relief covered by
the decree sought for was also urged for. First
and second respondents resisted that application
contending that, without authority, the petitioner
had bifurcated the room under his occupation with
intend to lease out one portion of that room to
another, and so much so, the consent sought for
W.P.(C).No.26541 OF 2009 Page numbers
additional electric connection cannot be granted.
The learned Munsiff, negativing the objections
raised by the first and second respondents allowed
the application for interim injunction, against
which those respondents preferred an appeal. The
learned District Judge after hearing both sides
allowed the appeal and vacated the order of interim
injunction. Propriety and correctness of the
judgment rendered by the learned District Judge in
the appeal is challenged in the writ petition
invoking the supervisory jurisdiction vested with
this court under Article 227 of the Constitution of
India.
3. The third respondent has entered
appearance through counsel. I heard the learned
counsel for the petitioner and also the third
respondent. Having regard to the submissions made
and taking note of the facts and circumstances
presented, I find no notice to the 1st ,2nd and 4th
W.P.(C).No.26541 OF 2009 Page numbers
respondents is necessary and hence it is dispensed
with. I do not want to express any opinion on the
merits of the suit, nor of the interim injunction
applied for by the plaintiff. Perusing Ext.P4
judgment of learned District Judge, I find no
illegality or impropriety warranting interference
in exercise of the visitorial jurisdiction of this
court. Having regard to the submissions made by
the respective counsel and perusing Ext.P4 judgment
of the learned District Judge, I find, it will not
be proper and appropriate for this court to pass
any order as requested for the petitioner so as to
compel the first and second respondents to give
consent for taking additional electric connection
to the shop room under the occupation of the
petitioner. Without expressing any opinion on the
merits of the orders passed by the learned Munsiff
and also Ext.P4 judgment of the learned District
Judge, I direct the trial court to dispose the suit
giving it top priority in hearing as expeditiously
W.P.(C).No.26541 OF 2009 Page numbers
as possible, at any rate, within a period of six
months from the date of receipt of a copy of this
judgment. Writ petition is disposed with the above
directions. Send a copy of the judgment to the
Munsiff Court concerned forthwith.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv