IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20389 of 2008(P)
1. MOIDEEN KOYA
... Petitioner
Vs
1. JARAMMAL RAHEEM P.K. AND ANOTHER
... Respondent
For Petitioner :SRI.K.LAKSHMINARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
-------------------------------
W.P.(C) No.20389 of 2008
-------------------------------
Dated this the 8th July, 2008.
J U D G M E N T
Petitioner is the plaintiff in O.S.No.66 of 2008, on the
file of Munsiff Court, Quilandy. The suit is for permanent prohibitory
injunction restraining respondents-defendants from conducting quarry
operations in plaint ‘A’ schedule property alleging that it causes serious
damages to the residence of the petitioner and his family members.
This petition is filed under Article 227 of the Constitution of India
alleging that the trial court is not disposing I.A.No.391 of 2008, an
application for temporary injunction.
2. The learned counsel appearing for the petitioner was
heard.
3. The argument of the learned counsel appearing for
the petitioner is that a Commission was taken out and the
Commissioner has already submitted a report, and even though the
report submitted by the Commissioner supports the case of the
petitioner, trial court is not disposing the application for injunction, and
W.P.(C) No.20389/2008
2
as a result, respondents are carrying on the quarrying work causing
damages and nuisance, and, therefore, trail court may be directed to
dispose the petition within a time frame.
I.A.No.391/08 was filed in March, 2008 and objection
to the application was also filed in May,2008, and the report was
submitted by the Commissioner on March, 2008. In such
circumstances, Munsiff, Quilandy, is directed to dispose
I.A.No.391/2008, as expeditiously as possible, at any rate, within two
months from the date of receipt of a copy of this judgment.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.