IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8595 of 2010(Q) ------------------------- MC.61/2009 of J.M.F.C.-I,PATHANAMTHITTA .................... PETITIONER(S): ------------------------ 1. LALU.P.JOSEPH, S/O.JOSEPH JOHN, AGED 40, PALAMPARAMBIL HOUSE, MALLAPPILLI, PATHANAMTHITTA. 2. VIJAYAKUMARA PILLAI, S/O.DAMODARAN PILLAI, MAPRAMPALLI HOUSE, MALLAPPILLI, PATHANAMTHITTA. BY ADVS. MR.K.R.VINOD, SMT.M.S.LETHA. RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 2. THE TAHSILDAR, MALLAPPILLI TALUK, PATHANAMTHITTA. 3. THE VILLAGE OFFICER, MALLAPPILLY VILLAGE, PATHANAMTHITTA. 4. STATE OF KERALA REP.BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA. R1 TO R4 BY GOVERNMENT PLEADER MR. K.S. SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.8595 OF 2010 ------------------------------------------ Dated 17th March 2010 JUDGMENT Petition is filed under Article 227 of Constitution of India for a direction to Judicial First Class Magistrate-I, Pathanamthitta to issue a certified copy of the order in M.C.61/2009 whereunder penalty was imposed on the petitioners. A further direction is sought for to keep Exts.P1 and P2 notices in abeyance and to direct third respondent, Village Officer not to attach the properties of the petitioners till an appeal is filed. 2. As contention raised in the petition is that in spite of an application filed for certified copy of the order in Wpc 8595/10 2 M.C.61/2009 certified copy was not furnished so far, registry was directed to contact the learned Magistrate to find out why certified copy is not being issued. Learned Magistrate reported that the certified copy will be issued yesterday itself. Learned counsel appearing for the petitioners submitted that petitioners have already received certified copy. In such circumstances, it is upto the petitioners to challenge the order in M.C.61/2009 by an appeal as provided under the Code. To enable the petitioners to file an appeal third respondent is directed not to make attachment of the properties of the petitioner for seven days from today. M.SASIDHARAN NAMBIAR, JUDGE. uj.