SAJEEV M.A Vs. JOHNSON

JUDGEMENT

(1.) The defendant in OS No.155/23 of the Munsiff Court, Kothamangalam is the petitioner herein. He is claiming under an agreement to conduct quarry operations in the property of the plaintiffs in the suit, who are the respondents herein. The plaintiffs would maintain that the agreement with the defendant (petitioner herein) has been terminated, wherefore, the plaintiffs have sought for an injunction restraining the defendant (petitioner herein) from trespassing into the plaint scheduled property, as also, from doing anything interfering with the possession of the plaintiffs.

(2.) The interim injunction sought for by the plaintiffs had been granted by the learned Munsiff. The defendant, upon entering appearance, have filed an injunction application seeking to prevent the plaintiffs from obstructing the defendant in conducting quarrying operations in the plaint scheduled property on the strength of the agreement in question.

(3.) The present urgency for this Original Petition is on account of an inspection of the property scheduled to be conducted by State Environment Impact Assessment Authority (SEIAA) which is scheduled tomorrow, ie. 3/11/2023. Upon receipt of notice of this inspection, the petitioner moved the Munsiff Court by filing I.A No.9/23 apprehending obstruction on the part of the plaintiffs who are the respondents herein. The said application is pending and is not disposed of. Since the inspection is scheduled tomorrow, this Original Petition was filed before this Court invoking the jurisdiction under Article 227 of the Constitution of India.