IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 740 of 2011() ------------------------------------ MC.143/2010 of SUB DIVISIONAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): PETITIONER: ---------------------------------------------- C.V.SASIDHARAN, S/O.LATE VELAPPAN, CHEMBIL HOUSE, KANDANISSERY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. LEWIS MASTER , S/O.IYYAKKU, PULIKKOTTIL HOUSE, KANDANISSERY VILLAGE THALAPPILLY TALUK, TRISSUR TALUK PIN 680 102. 2. THE SUB DIVISIONAL MAGISTRATE, THRISSUR, PIN 680 001. R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.740 of 2011 ==================================== Dated this the 09th day of March, 2011 O R D E R Petitioner and others filed Annexure-II, petition before the Sub Divisional Magistrate alleging that on account of respondent No.1 drawing water in large scale from his well, drinking water in the well of petitioner and others have gone down. The Sub Divisional Magistrate passed a conditional order and issued notice to respondent No.1. Since no further action was taken in the matter petitioner filed Annexure-VIII, petition under Section 142 of the Code of Criminal Procedure. According to the learned counsel the Sub Divisional Magistrate ought to have passed orders on that application. I have heard learned counsel for petitioner and the learned Public Prosecutor. Having regard to the nature of contentions raised I close this petition without prejudice to the right of petitioner to seek appropriate reliefs from the Sub Divisional Magistrate concerned. THOMAS P. JOSEPH, JUDGE. vsv