IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 8691 of 2008(I) ------------------------------------ PETITIONER: ------------------- KOCHUTHAZHATH JOSE @ JOSEPH, S/O.VARGHESE, AGED 56 YEARS, AGRICULTURIST, RESIDING AT KANICHAR AMSOM, DESOM, KIZHAKKEMAVADI, P.O.KOLAKKADU, THALASSERY TALUK. BY ADV. SRI.K.V.PAVITHRAN, ADV. SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL. RESPONDENTS: ------------------------ 1. REVENUE DIVISIONAL OFFICER, THALASSERI, P.O.THALASSERI. 2. CHELAKKATTU BASHEER, S/O.ALAVIKUTTY, CHELAKKATTU HOUSE, KOLAKKADU PO., KANNUR DISTRICT. 3. KANICHAR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KANICHAR P.O., THALASSERI TALUK. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI.CIBI THOMAS, SRI.P.NARAYANAN - R3, SMT.PRIYA RAMESH - R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8691/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE INJUNCTION ORDER IN I.A. 1221/06 DTD. 26/08/06 IN O.S. 189/06 OF THE MUNSIFF COURT, KUTHUPARAMBA. EXT.P.2: COPY OF THE COMMISSION REPORT IN O.S. 189/2006. EXT.P.3: COPY OF THE REPORT OF THE VILLAGE OFFICER, KANICHAR, DTD. 29/09/2006. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C). NO. 15517/07 DTD. 21/08/07. EXT.P.5: COPY OF THE PETITION FOR STAY FILED IN M.P. 24/2006. EXT.P.6: COPY OF THE COUNTER FILED BY R.2. IN EXT.P.5 APPLICATION. EXT.P.7: COPY OF THE PLAINT IN O.S. 189/2006 OF THE MUNSIFF COURT, KUTHUPARAMBA. EXT.P.8: COPY OF THE RELEVANT PORTION OF THE PETITION IN W.P.(C).15517/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. =============== W.P.(C) NO. 8691 OF 2008 I ==================== Dated this the 19th day of June, 2008 J U D G M E N T The controversy in this writ petition is in relation to the piggery owned by the petitioner and proceedings under Section 133 of Cr. P.C in relation to the piggery. It is stated that the 2nd respondent raised a complaint against the petitioner's piggery and on receipt thereof, the 1st respondent initiated proceedings under Section 133 of the Cr.Pc. Meanwhile, petitioner filed a suit before the Munsiff's Court, Kuthuparamba as OS 189/06 in which Ext.P1 interim order of injunction was also obtained against the Panchayat. In the meanwhile, the 2nd respondent filed a writ petition before this court essentially with the prayer for the closure of the piggery. That writ petition was disposed of by Ext.P4 judgment. 2. On the disposal of the writ petition as above, the petitioner herein filed Ext.P5 before the 1st respondent, contending that the proceedings under Section 133 cannot be continued any further. To this representation, the 2nd respondent has filed Ext.P6, his objections. While Exts. P5 and P6 are thus pending consideration of the 1st respondent, and orders are yet to be passed, complaining that the 1st respondent is WPC 8691/08 :2 : proceeding with the proceedings under Section 133 of Cr.P.C, this writ petition has been filed praying for a declaration that the 1st respondent has no jurisdiction to decide the dispute and to prohibit him from proceeding further. 3. I feel this matter has to primarily engage the attention of the 1st respondent before whom the above contentions have been raised by the petitioner by filing Ext.P5 to which objections also have been filed. 4. Therefore, I direct that the 1st respondent shall take up and consider Ext.P5 with notice to all concerned and pass appropriate orders thereon. This shall be done by the 1st respondent as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. It is directed that until a decision is rendered on Ext.P5 as above, the interim order passed by this court staying further proceedings before the Revenue Divisional Officer, will continue. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp