IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 6803 of 2009(U) --------------------------------------- PETITIONER(S): ------------------------ MALATHI, AGED 56, W/O.GANGADHARAN, PATTATHUVALAPPIL HOUSE, KANJIRAKODE VILLAGE,DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADVS. MR.RAJIT, MR.RANJIT BABU. RESPONDENT(S): --------------------------- 1. REVENUE DIVISIONAL OFFICER, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR DISTRICT. 2. VILLAGE OFFICER,KANJIRAKODE, THRISSUR, THRISSUR DISTRICT. 3. PRABHAKARAN, S/O.RAMAN,THAMANGALATHU HOUSE, KANJIRAKODE VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 4. SURESH, S/O.KESAVAN, THAMANGALATHU HOUSE, KANJIRAKODE VILLAGE,THALAPPILLY TALUK, THRISSUR DISTRICT. 5. MINI, W/O.SURESH,M THAMANGALATHU HOUSE, KANJIRAKODE VILLAGE,THALAPPILLY TALUK, THRISSUR DISTRICT. R1 & R2 BY GOVERNMENT PLEADER MR. M.A. ASIF R3 TO R5 BY ADV. MR.G.SREEKUMAR (CHELUR), MR.K.RAVI (PARIYARATH). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6803/2009 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P2: COPY OF THE ORDER DTD. 31/1/2009 IN MC.NO.62/2009 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 5/02/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6803/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of March, 2010 J U D G M E N T The petitioner herein is seeking for a direction to the first respondent to proceed with the matter pending before the first respondent in which he has passed an order invoking Section 142 of the Code of Criminal Procedure. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. M.C.No.62/2009 is the main matter pending before the Revenue Divisional Officer. The learned counsel appearing for the respondents submitted that the third respondent has already transferred the property to respondent Nos.4 and 5. Since the main matter is pending before the Revenue Divisional Officer, it is upto the Revenue Divisional Officer to proceed with the matter and pass appropriate orders after hearing both the parties. Respondent Nos.3 to 4 will appear before the Revenue Divisional Officer along with their counter statement etc. and depending upon the same, further action will be proceeded in accordance with the Code of Criminal Procedure Code. With the above direction, the writ petition is closed. No costs. (T.R. Ramachandran Nair, Judge.) ms