IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 37440 of 2007(F) -------------------------- CRRP.34/2007 of ADDL.DISTRICT COURT-I,MAVELIKKARA .................... PETITIONER: ----------------- CHELLAPPAN PILLAI, AGED 70 YEARS S/O. NARAYANA PILLAI, PUTHENPARAMBIL (MANI BHAVAN) THAMALLACKAL P.O. KUMARAPURAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. MS.B.RENJITHKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. 2. SUB DIVISIONAL MAGISTRATE CHENGANNUR. 3. TAHSILDAR, KARTHIKAPPALLY ALAPPUZHA. 4. BETCY BABY, W/O. IDUKKULA MATHEW @ RAJAN AGED 30 YEARS, MAPPILAPARAMBIL,THAMALLACKAL, KUMARAPURAM VILLAGE, ALAPPUZHA DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. SHYSON P. MANGUZHA R4 BY ADV. MRI.R.KRISHNARAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON 05/02/2009 DELIVERED THE FOLLOWING: WPC 37440 of 2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER DATED 19.7.2007 OF THE SECOND RESPONDENT EXT.P2 : TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT AND MAHAZAR WITH A ROUGH SKETCH DATED 19.12.2006 BEFORE THE MUNSIFF'S COURT, HARIPPAD EXT.P3 : TRUE COPY OF THE ORDER DATED 7.12.2007 IN CRL. R.P NO. 34/07 OF THE ADDITIONAL SESSIONS JUDGE I, MAVELIKKARA EXT.P4 : TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KUMARAPURAM DATED 6.11.2006 /TRUE COPY/ P.A. TO JUDGE HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 37440 OF 2007 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of February, 2009 JUDGMENT It is seen that the proceedings before the Sub Divisional Magistrate was not properly prosecuted by the petitioner herein. So, without considering the contentions of the petitioner, Ext.P1 order was passed by the Sub Divisional Magistrate on merit. The petitioner filed a revision before the Sessions Court. There also, there was no representation. Neither the party nor the counsel was present. Therefore, the learned Sessions Judge also dismissed the application. Now, this writ petition is filed seeking a direction to quash Ext.P1 and Ext.P3 orders. I am not at all satisfied with the conduct of the party or his counsel in prosecuting this matter. Even then, I feel that, in the interest of justice, one more opportunity shall be given to the petitioner to present his case on merits. The petitioner is free to engage a responsible lawyer, if the present lawyer did not attend the court properly as part of his duty. It is not very clear as to whether party or his counsel, who is irresponsible? Any way, an opportunity will serve to meet the ends of justice. I direct, the Sub Divisional Magistrate, Chengannur to rehear the matter after affording opportunity to the parties and dispose of the case within a period of 3 months from today. WPC No.37440 of 2007 : 2 : Exts.P1 and P3 orders are quashed. Writ petition is dispose of accordingly. Petitioner shall produce a copy of the judgment before the Sub Divisional Magistrate within 3 weeks from today. (HARUN-UL-RASHID, JUDGE) KMD