IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 36337 of 2008(A) ------------------------------------- PETITIONER(S): --------------------- VEEGA HOLIDAYS & PARKS (P) LTD., PALLIKKARA, KUMARAPURAM PO., COCHIN-683 565, REP. BY ITS SR.MANAGER MR.RAVIKUMAR.M.A., BY ADV. MR.V.B.HARI NARAYANAN RESPONDENT(S): ------------------------- 1. SUB DIVISIONAL MAGISTRATE, MUVATTUPUZHA. 2. A.K.NAZER, ANIKKATTU HOUSE PUTHUPPALLIPURAM, THRIKKAKKARA NORTH VILLAGE, ERNAKULAM. * ADDL. R3 IMPLEADED ADDL.R3: SAMEESH KUMAR CHAWLA, S/O.RAMESH KUMAR CHAWLA, AGED 40 YEARS, 1033/8, MEHRAULI, NEW DELHI. * ADDL. R3 IS IMPLEADED AS PER ORDER IN I.A.6412/2009, DATED 05/06/2009. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R2 BY ADV. MR.P.K.VIJAYAMOHANAN ADDL.R3 BY ADV. MR.MANU ROY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 36337/2008-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPORT OF VILLAGE OFFICER DATED 02/08/2008. EXT.P2: COPY OF THE REPORT OF ASST. EXE. ENGINEER, PWD. EXT.P3: COPY OF THE CONDITIONAL ORDER DATED 13/08/2008 IN MC. NO.75/2008. EXT.P4: COPY OF THE FINAL ORDER DATED 06/10/2008. EXT.P5: COPY OF THE PETITION DATED 13/11/2008. EXT.P6: COPY OF THE NOTICE DATED 14/11/2008. EXT.P7: COPY OF THE PHOTOGRAPHS SHOWING THE LAND SLIDE. EXT.P8: COPY OF THE PHOTOGRAPH SHOWING THE PRESENT CONDITION OF ROAD. EXT.P9: COPY OF THE PAPER REPORT IN MALAYALA MANORAMA DAILY DATED 27/05/2009. EXT.P10: COPY OF THE REPRESENTATION DATED 27/05/2009 SUBMITTED BEFORE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE OBJECTION DATED 05/09/2008 FILED BY THE SECOND RESPONDENT BEFORE THE 1ST RESPONDENT. EXT.R2(b): COPY OF THE AFFIDAVIT DATED 26/12/2008 EXECUTED BY SRI.SAMEESH KUMAR CHAWALA BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.36337 of 2008 A -------------------------- JUDGMENT This writ petition is filed under Articles 226 and 227 of Constitution of India for a direction to the first respondent to implement Exhibit P4 order passed by the Sub Divisional Magistrate, Muvattupuzha under Section 138 of Code of Criminal Procedure directing second respondent/counter petitioner to construct a retaining wall to the property of the writ petitioner. As second respondent has transferred the property in favour of the third respondent. Third respondent was impleaded. He has filed a counter affidavit undertaking to complete the construction “at the most within three months from today”. 2. In view of the undertaking, I find no reason to grant the relief as prayed for. If third respondent fails to comply with the undertaking, petitioner is at liberty to approach this Court. WPC 36337/08 2 Recording the undertaking of third respondent writ petition is disposed. 9th July, 2009 (M.Sasidharan Nambiar, Judge) tkv