IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 5279 of 2007(C)
1. V.P. BEERANKUTTY, URALIKUTH PALOOR,
... Petitioner
Vs
1. REGIONAL TRANSPORT AUTHORITY,
... Respondent
2. SECRETARY, REGIONAL TRANSPORT
For Petitioner :SRI.P.RAVINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/03/2007
O R D E R
M.N.KRISHNAN, J.
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W.P.(C) No.5279 OF 2007
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Dated this the 14th day of February, 2008
J U D G M E N T
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This writ petition is preferred against the order of the
Subordinate Judge, Irinjalakuda in E.A.No.208/2008 in
E.P.No.23/04 in O.S.No.158/1998. It was an application filed by
the receivers appointed in the case and the court by its order
dated 2.2.2008 had restrained the 8th respondent till 23.2.2008
from conducting any construction work in the petition ‘C’
schedule or from obstructing the temple authorities from
entering ‘B’ schedule in the petition for the rituals of the
temple .
2. I feel that the court had taken into consideration the
factum of a festival which commenced on 11.2.2008 and
culminates on 23.2.2008. The more serious question that have
to be adjudicated including the jurisdiction of the court to pass
such an order or the maintainability of such a petition filed by
the receiver had not been elaborately considered by the court.
At the most this order can be termed as only an interim
arrangement till the festival functions are over, till 23.2.2008.
W.P.(C) No.5279/2007 2
3. Therefore, I direct the court below not to close the
E.A. on the basis of the order which is passed but to consider
the entire matter afresh after 23.2.2008 including the
competency of the receivers to file such an application and the
jurisdiction of the court to decide the matter after hearing all
concerned and pass appropriate orders.
The writ petition is disposed of accordingly.
(M.N.KRISHNAN, JUDGE)
ps