IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 27080 of 2009(Q) -------------------------- SC.151/2009 of ASSISTANT SESSIONS COURT, CHENGANNUR .................... PETITIONER(S): --------------- 1. OMANAYAMMA, AGED 48 YEARS, W/O.LATE CHELLAPPAN PILLAI, (KOCHUTHAZHOM MADATH) BINU SADANAM, PERSSERY MURI, PULIYOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. AYYAPPAN ACHARI, AGED 56 YEARS, MELEPURATHU VEEDU, PERSSERY MURI, PULIYOOR VILLAGE CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA DISTRICT. 2. THE VILLAGE OFFICER, CHENGANNUR VILLAGE, ALAPPUZHA DISTRICT. 3. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, CHENGANNUR, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER SRI.B. JAYASOORYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.27080 OF 2009 ------------------------------------------ Dated 9th October 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India by the parents of the accused in S.C.151/2009 on the file of Assistant Sessions Judge, Chengannur for a writ of mandamus directing first respondent not to initiate proceedings as against the properties of the petitioners, under Exts.P3 and P4 orders passed by the Assistant Sessions Judge except in accordance with law. 2. Learned counsel appearing for the petitioners and learned Government Pleader were heard. 3. Learned counsel appearing for the petitioners pointed out that Exts.P3 and P4 proceedings under Sections 82 and 83 of Code of Criminal Procedure were initiated against their son, the accused Binu.K.Pillai and based on Exts.P1 and P2 first respondent cannot proceed against the properties of the petitioners. WPC 27080/09 2 4. Learned Government Pleader submitted that Exts.P3 and P4 were returned back to the court and at present no proceeding is pending before the first respondent. 5. When steps were initiated under Sections 82 and 83 of Code of Criminal Procedure, as against the accused, first respondent is entitled to proceed only as against the properties of the said accused and not against his parents. Petition is disposed directing first respondent not to initiate the proceedings under Exts.P3 and P4, against the properties of the petitioners except in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.