IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19298 of 2009(F) -------------------------- PETITIONER(S): --------------- RAMACHANDRAN,S/O.NARAYANAN,AGED 41 YEARS SECRETARY,CHATHAMANGALAM EZHAVA SAMUDAYA SANGAM, REGISTRATION NO.PKD-TC.36/97, CHATHAMANGALAM P.O., NENMARA VILLAGE,CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE SUB DIVISIONAL MAGISTRATE,PALAKKAD. 2. VASU,S/O.KASU,CHATHAMANGALAM, S.N.D.P.BRANCH,NENMARA,CHITTUR TALUK, PALAKKAD DISTRICT. 3. APPUNNI,S/O.KUNJAPPU,CHATHAMANGALAM SAMUDAYAM,NENMARA,CHITTUR TALUK, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C) No.19298 of 2009 --------------------------- Dated this the 9th day of July, 2009 JUDGMENT The petitioner is the A party in M.C.No.9018/97, pending before the 1st respondent initiated under Section 145 of the Code of Criminal Procedure. An interim order was passed by the 1st respondent, as evidenced by Ext.P1, as early as on 18.12.1999. Subsequently, according to the petitioner, the issue has been resolved by the Munsiff's Court, Chittur and the decree was confirmed by the District Court, as evidenced by Ext.P2. The petitioner has thus sought for a closure of the proceedings initiated under Section 145 Code of Criminal Procedure in terms of the civil court judgment and has filed Ext.P3 petition before the 1st respondent. This writ petition has been filed alleging delay in taking a decision on Ext.P3. 2. I heard learned counsel for the petitioner and the learned Government Pleader. W.P.(C)No.19298 of 2009 :: 2 :: 3. If the civil court has decided the issue between the parties to the proceedings under Section 145 of the Code of Criminal Procedure, the Sub Divisional Magistrate has to take note of the same and pass orders on Ext.P3. In the result, the writ petition is disposed of directing the 1st respondent to look into Ext.P3 and pass final orders in M.C.No.9018/97 on his file, after notice to the affected persons, within three months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge