Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE27H DAY OF JANUARY20147TH MAGHA, 1935 OP(C).No. 103 of 2014 (O) ---------------------------------- AGAINST THE ORDER
IN C.M.A. NO. 49/2013 DATED2506.2013 OF2D ADDITIONAL DISTRICT COURT, ERNAKULAM WHICH IS FILED AGAINST THE ORDER
IN I.A. NO. 2589/2013 IN OS3792013 OF MUNSIFFS COURT,ERNAKULAM ..................................................... PETITIONERS/PLAINTIFF/PETITIONERS: -------------------------------------------------------------- 1. ALAMEEN EDUCATIONAL TRUST, EDAPPALLY P.O.,EDAPPALLY NORTH VILLAGE, PIN682024 REPRESENTED BY ITS CHAIRMAN ADVOCATE TPM IBRAHIM KHAN AGED65YEARS, S/O.LATE PAREED BAVAKHAN.
2. AL-AMEEN PUBLIC SCHOOL, EDAPPALLY P.O.,EDAPPALLY NORTH VILLAGE, PIN - 682 024 REPRESENTED BY ITS VICE-PRINCIPAL MRS.SHEFEENA NIZAM AGED44YEARS, D/O.K.M.HAMZA BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS/RESPONDENTS/DEFENDANTS/RESPONDENTS: -------------------------------------------------------------------------------------------- 1. BASHEER, S/O.AYISHA, KUTTIKKATT HOUSE NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY P.O. EDAPPALLY NORTH VILLAGE, PIN - 682 024.
2. ASHRAF, S/O.AYISHA, KUTTIKKATT HOUSE NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY P.O. EDAPPALLY NORTH VILLAGE, PIN - 682 024.
3. EDAPPALLY MAHALLU HAMA-ATH COMMITTEE, EDAPPALLY P.O.,KOCHI - 24 REPRESENTED BY ITS PRESIDENT4 M.V.MOHAMMED BABU,, AGED41YEARS S/O.M.A.USMAN, MALLAPARAMBIL HOUSE RAILWAY STATION ROAD, EDAPPALLY P.O.,PIN - 682 024. DCS OP(C).No. 103 of 2014 (O) 5. SHERIF P.A, AGED43YEARS S/O. P.A.ABDUL KADER, PALLAYANCHERIL HOUSE RAILWAY STATION ROAD, EDAPPALLY P.O.,PIN - 682 024.
6. ABDUL GAFOOR,, AGED48YEARS S/O.PAREEKUTTY, PUNNAKKAL HOUSE, RAILWAY STATION ROAD EDAPPALLY P.O.,PIN - 682 024.
7. ABDUL SALAM,, AGED43YEARS S/O.ABDUL AZEEX, MAMMACHERIL HOUSE RAILWAY STATION ROAD, EDAPPALLY P.O.,PIN - 682 024.
8. K.A. HANEEFA,, AGED43YEARS S/O.ALI, RAILWAY STATION ROAD, EDAPPALLY P.O. PIN - 682 024. R1 BY ADVS. SRI.P.VISWANATHAN SRI.SUNIL N.SHENOI R4 TO R8 BY ADVS. SRI.M.P.RAMNATH SRI.P.RAJESH (KOTTAKKAL) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON2701-2014, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: DCS OP(C).No. 103 of 2014 (O) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : THE TRUE COPY OF THE PLAINT IN O.S.NO.379/13 OF MUNSIFFS COURT ERNAKULAM EXHIBIT P2 : THE TRUE COPY OF THE COMMISSION REPORT IN O.S.NO.379/13 OF MUNSIFFS COURT ERNAKULAM EXHIBIT P3 : THE TRUE COPY OF THE PHOTOGRAPHS OF BORAD EXHIBIT P4 : THE TRUE COPY OF THE WRITTEN STATEMENT OF DEFENDANTS1AND2IN O.S.NO.379/13 EXHIBIT P5 : THE TRUE COPY OF WRITTEN STATEMENT OF3D DEFENDANT IN O.S.NO.379/13 EXHIBIT P6 : THE TRUE COPY OF THE WRITTEN STATEMENT OF DEFENDANTS4TO8IN O.S.NO.379/13 EXHIBIT P7 : THE TRUE COPY OF THE ORDER
IN I.A.NO.2589 OF 2013 IN O.S.NO.379/2013 EXHIBIT P8 : THE TRUE COPY OF THE ORDER
IN C.M.A NO.49/2013 ON THE FILE OF THE2 ADDITIONAL DISTRICT COURT, ERNAKULAM. RESPONDENT'S EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE DCS V.CHITAMBARESH,J.
------------------------------- O.P.(C) No. 103 of 2014 ----------------------------------------- Dated this the 27th day of January, 2014
JUDGMENT
The concurrent orders refusing temporary injunction in a suit for permanent prohibitory injunction and for mandatory injunction are impugned. The dispute centers around the right of the petitioners who are the plaintiffs in the suit to use a pathway along the southern side of a mosque to reach the school. Ext. B2 permission given to the petitioners to install a name board in the plaint schedule road describes the direction as 'Neduke' (Malayalam). Whether the said term denotes lengthwise or breadthwise across the road can be decided in the suit taking note of attendant circumstances. The petitioners have a case that there exists iron poles on either side of the road which was used for displaying a board across the road.
2. The matter can be given a quietus by permitting the petitioners to place a board of the school lengthwise (not across the road) at the place where it joins the main road. Such interim arrangement will continue till the disposal of the suit wherein the rights of the parties would be finally decided. Every endeavour shall be made by the Court of Munsiff of O.P.(C) No. 103 of 2014 2 Ernakulam to dispose of O.S. No. 379/2013 within a period of six months. Needless to say that the question of jurisdiction to decide the controversy (in view of the contention that the property belongs to a Wakf) shall also be considered by the Court below in the exercise. The Original petition is disposed of. V.CHITAMBARESH JUDGE DCS