IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 CRL.MC.NO. 496 OF 2011() ---------------------------------------- MC.24/1976 OF SUB DIVISIONAL MAGISTRATE, ALAPPUZHA PETITIONER(S): ----------------------- MARANKULANGARA DEVASWOM, KATTOOR MURI, KALAVOOR VILLAGE,KALAVOOR P.O.,AMBALAPPUZHA TALUK, ALAPPUZHA DT.,REPRESENTED BY ITS PRESIDENT M.R.CHANDRASEKHARA PILLAI, CHANDRAMANGALAM HOUSE, KATTOOR MURI, KALAVOOR P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.S.KRISHNA PILLAI SMT.S.ANJUSHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE VILLAGE OFFICER, KALAVOOR VILLAGE,KALAVOOR P.O.,ALAPPUZHA DISTRICT. 3. THE SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH, ALAPPUZHA. 4. MANIYAN, S/O.KANDANKUNJU, HANUMARUVELIYIL HOUSE, KATTOOR MURI, KALAVOOR P.O., AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. 5. RAJAN ALIAS RAJU, S/O.KANDANKUNJU, DO. HOUSE DO. DO. 688001. 6. VASUMATHI, D/O. KANDANKUNJU, DO. HOUSE, DO. DO. 688001. 7. SARADA, D/O.KANDANKUNJU, DO. HOUSE, DO. DO. 688 001. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R1 TO 3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.496 of 2011 ==================================== Dated this the 16th day of February, 2011 O R D E R Notice to respondent Nos.4 to 7 is dispensed with in view of the order I propose to pass. Learned Public Prosecutor appears for respondent Nos.1 to 3. 2. Petitioner is A party in M.C. No.24 of 1976 of the court of Sub Divisional Magistrate, Alappuzha a proceeding initiated under Sections 145(1) and 146(1) of the Code of Criminal Procedure. According to the petitioner, dispute regarding ownership and possession stands finally settled by Annexure-C, order dated 17.01.2007 passed by this Court in CRP No.2069 of 1998. Pursuant to that order petitioner filed Annexure-E, petition before the Sub Divisional Magistrate to get back possession of the property. Grievance of the petitioner is that the said application is not so far disposed of. According to the petitioner reason for not disposing of the petition is that records are not available with the Sub Divisional Magistrate. 3. If Annexure-E, petition has been filed before the Sub Divisional Magistrate, that court has to dispose of the said CRL.M.C. No.496 of 2011 -: 2 :- petition as provided under law and if records are missing, it has to be traced. 4. Without this Court going intro the merit of the claim made in Annexure-E, petition Sub Divisional Magistrate, Alappuzha is directed to dispose of the said petition as early as possible. Criminal Miscellaneous Case is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv