IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 WP(C).No. 13113 of 2009(O) -------------------------- PETITIONER(S): ----------------------- JOSEPH, S/O.PAILY, AGED 87 YEARS, PUTHPLEDATH HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): ---------------------------- 1. PETER, S/O.JOSEPH, KAKKANATTIL HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. 2. SHERRY, S/O.PETER, KAKKANATTIL HOUSE, PERINGAZHA KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. 3. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.13113 of 2009 = = = = = = = = = = = = = = Dated this the 5 th day of May, 2009 JUDGMENT Petitioner, who is the counter petitioner in Ext.P2 application filed before the Sub Divisional Magistrate(Revenue Divisional Officer), Muvattupuzha, challenges the said proceedings mainly on the ground that a civil suit filed by him as O.S.No.509 of 2008 on the file of the Munsiff's Court, Muvattupuzha is pending in respect of the very same subject matter. As per Ext.P2 petition, respondents 1 and 2 have sought for the cutting and removal of certain trees allegedly standing in the property in the possession of the petitioner herein and which trees are allegedly leaning dangerously towards their property. The petitioner can very well raise all his contentions before the Sub Divisional Magistrate who has not even passed any conditional order in the matter under Section 133 Cr.P.C. In case Ext.P2 application results in the Sub Divisional Magistrate passing a conditional order under Section 133 CR.P.C, the petitioner can very well assail the same on all the grounds W.P.(c).No.13113 of 2009 2 available to him. I am not inclined to interfere with the proceedings at the present stage in a writ petition filed under Article 226 and 227 of the Constitution of India. This writ petition is accordingly dismissed. Dated this the 5th day of May, 2009. V. RAMKUMAR, JUDGE sj