IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 4840 of 2010(D) ------------------------- PETITIONER(S): --------------- GRACY, W/O.JOSE, VAIDYAKKARAN HOUSE, PALACKAL.P.O, THRISSUR. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER/ SUB DIVISIONAL MAGISTRATE, THRISSUR. 2. THE GEOLOGIST, THRISSUR. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------ W.P.(C)No.4840 of 2010 ------------------------------------------ Dated this the 22nd day of February, 2010 JUDGMENT The petitioner seeks for a direction to the first respondent to complete the proceedings initiated under Section 133 of the Code of Criminal Procedure within a time frame. 2. She is the owner in possession of 2 Acre 92 ½ cents of land comprised in Sy.No.77/176/1 part of Pananchery Village. The petitioner's brother,who is the proprietor of Marian Plastics, availed of a loan. Towards collateral security of the loan availed from Kerala Financial Corporation the said land belonging to petitioner was mortgaged. The loan transaction was finally settled. 3. Later to have a source of life for herself she decided to start a project for fresh water prawn culture in the above mentioned land. When the land was inspected by the concerned experts it was found that there is deposit of clay in huge quantity in the property. An application was made to the Geologist to grant mining permit to remove clay from petitioner's land in order to enable the commencement of fish farming. All authorities have granted clearance for mining. Finally by Ext.P1 W.P.(C)No.4840 of 2010 2 she was informed that the land in question is not a paddy field and No Objection Certificate from revenue department is not necessary. 4. The mining started as per the permits issued. Later a stop memo as per Ext.P2 was issued by the Village Officer and the petitioner filed W.P.(C)No.13618 of 2009 before this Court challenging the same. While the matter was pending on 13/5/2009, the first respondent issued a conditional order under Section 133 prohibiting extraction of clay. 5. Later the petitioner appeared before the respondent to oppose the conditional order and has filed an argument note along with all relevant documents. Ext.P4 is the copy of the argument notes thus filed. It is averred that 13 postings are over already and the matter is not been taken up. 6. The learned Government Pleader on instructions submitted that for four months sitting could not be conducted because of the renovation of the building. Now the matter stands posted on 9/4/2010. It is submitted that three months time is required within which period the entire matter will be finalised. The same is recorded. W.P.(C)No.4840 of 2010 3 7. The learned counsel for the petitioner submitted in view of the urgency of the situation, the matter may be directed to be completed in April, 2010 itself. The learned Government Pleader submitted that so many cases have been simultaneously posted and therefore effort would be taken to complete the proceedings within three months itself. 8. There will be a direction to the first respondent to take an appropriate decision in the proceedings under Section 133 of the Code of Criminal Procedure after hearing both parties within a period of three months from today. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj