IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 18435 of 2009(Q) -------------------------- PETITIONER(S): ------------------------ C.A.ANDREWS, S/O. ANTHONY, CHAKERY VEEDU, KOKKAN LANE, PUTHOORKARA, AYYANTHOLE, P.O.TRICHUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT(S): ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, TRICHUR. 2. P.V.SURENDRAN, SHINE NIVAS, KOKKAN LANE, PUTHOORKARA, AYYANTHOLE, TRICHUR DIST. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 18435 OF 2009 =========================== Dated this the 23rd day of July,2009 JUDGMENT This petition is filed under Article 226 of the Constitution of India for a writ of mandamus or for a direction to first respondent to dispose Ext.P1 proceedings under section 138 of the Code of Criminal Procedure. The grievance of the petitioner is that eventhough a conditional order was passed in 22.1.2008 the final order is yet to be passed and the coconut tree is standing in such a dangerous position that it may fall on the house and a direction is to be issued to the Sub Divisional Magistrate to pass the final orders immediately. 2. Learned Government pleader on instruction submitted that the case now stands posted to 21.8.2009 for the evidence of the counter petitioners. 3. Considering the fact that a proceeding under section 133/138 of Code of Criminal Procedure is pending since January, 2008, the Sub Divisional Magistrate, Thrissur is directed to pass the final order under section 138 of Code of Criminal Procedure within one month from 21.8.2009. W.P.(C) 18435/2009 2 Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006