IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 16879 of 2008(H) -------------------------- PETITIONER: PETITIONER ---------------------- M.D. RAVEENDRAN, REJI NIVAS, KOTTAKKAKAM WARD, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. REVENUE DIVISIONAL OFFICER AND SUB DIVISIONAL MAGISTRATE, KOLLAM. 3. P. RAMANAN, PANKAJA BHAVANAM, KOTTAKKAKAM WARD, KOLLAM. BY GOVERNMENT PLEADER SRI.AMJAD ALI FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.16879 of 2008 ------------------------------------- Dated this the 26th day of August, 2008 JUDGMENT Petitioner had initiated proceedings under Section 133 Cr.P.C and the Sub Divisional Magistrate, Kollam by order dated 25.08.93 had disposed of M.C.No.124 of 1991. Against the said order, the 3rd respondent had filed a revision petition and the learned Sessions Judge, Kollam, by order dt.15.11.96 in Crl.R.P.No.25 of 1993 had set aside the said order dated 25.08.93 and had remitted the matter back to the Sub Divisional Magistrate for fresh disposal in accordance with law. 2. Even though that order was passed as early as on 15.11.1996, the matter has not been disposed of yet. M.C.No.124 of 1991 is pending before the Sub Divisional Magistrate even now. 3. The petitioner, in these circumstances, has come to this Court with a prayer that there may be a direction for expeditious disposal of M.C.No.124 of 1991. 4. Notice was ordered to the 2nd respondent/the Sub Divisional Magistrate and the Sub Divisional Magistrate, in the W.P(C). No.16879 of 2008 2 statement filed by him, has reported that the matter is remaining without disposal after the order passed in the revision petition by the learned Sessions Judge on 15.11.96. It is surprising to note that the Sub Divisional Magistrate's statement does not reveal any intention to dispose of the same. The learned counsel for the petitioner is justified in making objection to such stand taken by the learned Sub Divisional Magistrate which reveals want of commitment to comply with directions of superior Courts. 5. I am, in these circumstances, satisfied that peremptory direction can be issued to the Sub Divisional Magistrate, Kollam to dispose of M.C.No.194 of 1991 afresh in accordance with law as expeditiously as possible - at any rate, by 30.11.2008. 6. This Writ Petition is, in these circumstances, allowed. There shall be a peremptory direction to the Sub Divisional Magistrate, Kollam to dispose of M.C.No.194 of 1991 afresh in accordance with law as expeditiously as possible - at any rate, by 30.11.2008. 7. Compliance shall be reported to this Court. (R.BASANT, JUDGE) rtr/- W.P(C). No.16879 of 2008 3