IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 7432 of 2008(I) ------------------------- PETITIONER: ------------ B.DEVADASAN, AGED 64 YEARS, S/O. BENNIYAN, TC 19/1618, THAMALAM, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV RESPONDENTS: ------------- 1. THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER, AYIROOPPARA VILLAGE OFFICE, AYIROOPPARA, THIRUVANANTHAPURAM. 3. PUSHPANGADHAN, SURESH MANDIRAM, OPPOSITE CSI CHURCH, ASRAMAM ROAD, CHENKOTTUKONAM, AYIROOPPARA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER FOR R1 SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.7432 of 2008 ------------------------------------- Dated this the 29th day of May, 2008 JUDGMENT The short grievance of the petitioner is that Ext.P2 order passed under Section 138 Cr.P.C is not executed by the Sub Divisional Magistrate. Statements filed by the Sub Divisional Magistrate now show that according to the Sub Divisional Magistrate, the order has been complied with and nothing further remains to be done. 2. The petitioner however is still not satisfied with such compliance. According to him, the order has not been complied with in letter and spirit. The petitioner therefore raises his grievance that the order has not been complied with or executed. 3. I am satisfied that such a disputed question of fact cannot be resolved in this proceedings under Article 226 of the Constitution of India. The petitioner has to be directed to raise his grievance about the inadequate compliance before the Sub Divisional Magistrate. Needless to say that if such a grievance is raised before the Sub Divisional Magistrate, the Sub Divisional Magistrate shall look into the specific grievance of non W.P(C). No.7432 of 2008 2 compliance after giving the parties an opportunity to substantiate their respective contention and shall take appropriate decision and action in the matter. 4. This Writ Petition is, in these circumstances, dismissed with the above observations/directions. (R.BASANT, JUDGE) rtr/-