IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 16363 of 2010(Q) -------------------------- PETITIONER(S): ----------------------- K.K.WILSON, SECRETARY ALL KERALA CHEMISTS AND DRUGGISTS ASSOCIATION THRISSUR DISTRICT COMMITTEE, C/O.SANGAM MEDICALS NEAR BUS STAND, IRINJALAKKUDA. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------------------- 1. THE SUB DIVISIONAL MAGISTRATE THRISSUR 2. MILTON J THALAKOTTUR C/O.TRIGLOBE MEDICAL, GURUVAYOOR ROAD, KUNNAMKULAM, THRISSUR. 3. SURESH K WARRIER C.S.PHARM, N.P.COMPLEX, MANNATH LANE, THRISSUR. 4. A.T.SUNNY , PANIKULAM PHARMA NEAR NEW CHURCH, THRISSUR. ADV. SRI.SAJU.S.A FOR R4 GOVERNMENT PLEADER SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c). No.16363 of 2010 = = = = = = = = = = = = = = Dated:14.07.2010 JUDGMENT Petitioner is the opposite party in M.C.No.201/2008 pending before the 1st respondent (Sub Divisional Magistrate, Thrissur) in a proceeding under Section 145 Cr.P.C. The grievance of the petitioner is that eventhough the 1st respondent had passed Ext.P3 interim order based on the interim injunction granted in O.S.No.629/2008 on the file of the II Addl.Munsiff's Court, Ernakulam instituted by other members of the “All Kerala Chemists and Druggists Association” of which the petitioner is the Secretary of the Thrissur District, the said suit has subsequently been dismissed for default and what is pending is only a restoration petition, the 1st respondent is not passing final orders in the matter. The petitioner, therefore, prays that final orders be passed by the 1st respondent. W.P.(c). No. 16363 of 2010 2 2. The learned counsel for the 4th respondent also admitted that the suit has been dismissed and restoration petition is pending consideration of the Munsiff. The proceedings initiated by the 1st respondent Sub Divisional Magistrate cannot pend endlessly. Hence this W.P.(c) is disposed of directing the 1st respondent/Sub Divisional Magistrate, Thrissur to pass final orders in M.C.No.201/2008 after giving both sides an opportunity of being heard. The said final order shall be passed within three months of receipt of a copy of this judgment. V. RAMKUMAR, JUDGE sj