AN INJUNCTION against Kerry councillor Danny Healy-Rae to prevent alleged obstruction to land on the edge of Kilgarvan is to be sought before the Circuit Court in Tralee on Friday.
“A diverse variety of reliefs is to be sought,” the court was told yesterday.
Brian McInerney, counsel for brothers Con and Patrick Kieran Traynor of Fossa, Kilgarvan, told the court an urgent date was requested for a hearing with regard to an incident “at a locality between the town of Kilgarvan and the town of Kenmare”.
Mr McInerney said he had received instructions to seek “injunctive relief” to prevent “further” obstruction by a proposed defendant – named in the court as Danny Healy-Rae – at a location detailed on an 1897 map.
He was bringing this urgent application ex parte so that his client could carry on his business, Mr McInerney told the judge.
Judge Carroll Moran said a judge was always happier when proceedings could be drafted and a judge always preferred both sides to be present in court.
He asked that notice could be given “even in the most informal way”.
The Traynors’ solicitor Padraig O’Connell then undertook to write to Mr Healy-Rae yesterday, notifying him of the intention to seek the injunction on Friday.
Mr McInerney then said “a diverse variety of reliefs” were to be sought and Danny Healy-Rae would be the proposed defendant.
Mr McInerney also indicated to the court that proceedings would also be taken claiming personal injuries.
Judge Moran adjourned the matter to Friday.
The nominated plaintiff in the proceedings is Noel McCarthy, a Kenmare chartered accountant who is the executor in the estate of the will of the late John Anthony Traynor, and is also acting on behalf of Patrick Kieran Traynor.
Mr O’Connell, solicitor, confirmed to reporters he would be writing by “ordinary post” to Mr Healy-Rae.
Last Saturday Mr Healy-Rae, a poll topper in the last year’s local elections, and Con Traynor were taken to Kerry General Hospital in Tralee by separate ambulances following what was described as an altercation over a right of way to land at the edge of Kilgarvan.
Two ambulances and two Garda cars visited the scene at lunchtime on Saturday, according to reliable sources.
Both men have been discharged from hospital, Mr Traynor on Saturday night and Mr Healy-Rae on Monday. However both were still under medical care yesterday, it is understood.
Mr Healy-Rae is a father of six and the eldest of six children of the Kerry South TD Jackie Healy-Rae. He owns a pub and a farm in Kilgarvan.