IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Crl.MC.No. 1544 of 2008() ------------------------------------- (MC.16/2008 of SUB DIVISIONAL MAGISTRATE COURT, FORT KOCHI) .................... PETITIONER(S): ------------------------ THE VICAR, ST.SEBASTIAN'S CHURCH, MANJAPRA, ANGAMALY, PIN CODE-683 581. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SMT.TULASI PANICKER RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI. 3. THE TAHSILDAR, ALUVA. R1 TO R3 BY PUBLIC PROSECUTOR SRI.L.G. SURESH BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.1544 of 2008 ---------------------------------------------------- Dated this the 6th day of April, 2011 Order This petition under Section 482 of the Cr.P.C has been filed challenging Annexure 7 issued by the Sub Divisional Magistrate as per which the petitioner was directed to stop the construction and functioning of the cemetery nearby Sebipuram St.Sebastian's Church, Manjapra. Learned counsel for the petitioner submits that Annexure 6 order was passed by the District Collector on 28.3.2008 against which a writ petition was filed before this court. That writ petition was dismissed as per Annexure 10 judgment in W.P.C.No.17576 of 2008 on 15.7.2008. Learned counsel for the petitioner submits that the Writ Appeal filed against Annexure 10 judgment was also dismissed. Thereafter, the District Collector passed Annexures 8 and 9 orders. The licence was granted as per Annexure 9 order pursuant to which Cemetery has already been constructed and burial is being conducted. Hence Annexure 7 lost its significance, having been Crl.M.C.1544/08 2 superseded by Annexure 6 order. This is not challenged by the respondents. In view of what is stated above, this Crl.M.C has become infructuous and it is accordingly closed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.1544/08 3