IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 4856 of 2010(Q) -------------------------------------- MC.62/2006 OF SUB DIVISIONAL MAGISTRATE AND REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. ....................... PETITIONER(S): ----------------------- THIRUVANATHAPURAM CITIZENS PROTECTION FORUM, REGISTER NO.1351/1990, LAKSHMI VIHAR, TC 37/187, PADMA NAGAR, FORT, THIRUVANANTHAPURAM 23, REPRESENTED BY THE PRESIDENT, M. KRISHNAN NAIR. BY ADV. MR.M.RAJASEKHARAN NAYAR, SMT.K.N.RAJANI, MR.RADHIKA RAJASEKHARAN P., SMT.ANILA PETER, SMT.BEENA DEVASSY. RESPONDENT(S): -------------------------- 1. SUB DIVISIONAL MAGISTRATE, REVENUE DIVISIONAL OFFICE, THIRUVANANTHAPURAM. 2. SREE PADMANABHASWAMY TEMPLE TRUST, FORT, THIRUVANANTHAPURAM - 23, REPRESENTED BY THE EXECUTIVE OFFICER. 3. SRI. RAJESEKHARAN NAIR, ALSO KNOWN AS CONTRATOR, SREE PADMANABHASWAMY TEMPLE, T.C.37/936, FORT, THIRUVANANTHAPURAM-23. 4. HEALTH OFFICER, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM- 695 033. 5. DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM-695 035. R1& R5 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.4856 OF 2010 ------------------------------------------ Dated 25th February 2010 JUDGMENT Challenging the order passed under Section 138 of Code of Criminal Procedure Crl.R.P.135/2007 was filed before Additional Sessions court, Thiruvananthapuram. By Ext.P4 order dated 22/6/2009, learned Sessions Judge allowed the revision and directed Sub Divisional Magistrate, Thiruvananthapuram to dispose M.C.62/2006, after setting aside the impugned order passed on 17/11/2007, under Section 138 of Code of Criminal Procedure, in accordance with law after affording an opportunity to the parties to adduce evidence following the procedure provided under Sections 133 to 143 of Code of Criminal Procedure. This petition is filed under Wpc 4856/10 2 Section 227 of Constitution of India for a direction to the first respondent Sub Divisional Magistrate, Thiruvananthapuram to dispose of M.C.62/2006 as directed in Ext.P4 judgment contending that final order is not passed. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. Learned Government Pleader submitted that the case now stands posted to 1/3/2010 and final order will be passed within three months. In view of the submission the writ petition is disposed directing Sub Divisional Magistrate to pass final orders in M.C.62/2006, complying with the procedure provided in the Code of Criminal Procedure and as directed in Wpc 4856/10 3 Cr.R.P.135/2007 within three months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR, JUDGE. uj.