IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 3399 of 2008() ------------------------- MC.101/2006 OF THE SUB DIVISIONAL MAGISTRATE, TRIVANDRUM. .................... PETITIONER(S): --------------- 1. M.GOPINATHAN NAIR, S/O.LATE MADHAVAN PILLAI,AGED 72 YEARS, SUSHA BHAVAN, PALACE ROAD, PAPPANAM CODE, THIRUVANANTHAPURAM. 2. CHIRAKKARA MAHA VISHNU KHATRAM TRUST REPRESENTED BY ITS PRESIDENT, JAYAKUMAR, AGED 35 YEARS,S/O.RAJENDRAN NAIR CHITTOUR VEEDU, KAIMANAM, THIRUVANANTHAPURAM. BY ADV. SRI.V.N.GOPALAKRISHNAN NAIR SRI.G.SURARSHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, THAMPANNOOR,THIRUVANANTHAPURAM. 3. K.SASIKLUMARAN NAIR, T.C.55/1608, KAIMANOM.P.O., THIRUVANANTHAPURAM. 4. D.VIDYADHARAN, T.C.55/176, SREE BHAVAN, KUTTIKKADU, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 5. M.S.ANILKUMAR, T.C.55/65, ELLUVILA VEEDU, KAIMANOM,PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. -2- 6. S.SUDHAKARAN PILLAI, T.C.55/1583, SARAS, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 7. D.MOHANAN, T.C.55/256(1), ASHA BHAVAN, KUTTIKKADU, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 8. M.P.SREEDHARAN NAIR, T.C.51/185, SREE BALACHANDRAM, PALACE ROAD, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 9. G.VIJAYAN, T.C.55/117, REVATHY, KUTTIKKADU, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 10. D.DEVARAJAN, T.C.55/128, VISHNU NIVAS, KUTTIKKADU, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 11. G.EASWARAN NAMPOOTHIRI, T.C.55/16, CHANDRA MANA, VISHNU NAGAR,KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 12. A.PRATHAPACHANDRAN NAIR, T.C.55/1582, NA VAMI, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 13. SREEKANTAN NAIR, T.C.55/9, GOKULAM, VISHNU NAGAR, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 14. S.SREENATH, T.C.55/185, SREE BALACHANDRAM, PALACE ROAD, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 15. S.VIKRAMAN NAIR, T.C.55/28, UTHRADAM, VISHNU NAGAR, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 16. S.RAJAN, POONTHOPPIL VEEDU, KAIMANOM,PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. 17. KRISHNAN POTTI, T.C.55/26, VISHNU NAGAR, KAIMANOM, PAPPANAMCODE., THIRUVANANTHAPURAM. -3- 18. SURENDRAN, T.C.55/126, BEENA BHAVAN, KAIMANOM, PAPPANAMCODE., 19. A.SUKUMARAN NAIR, KRISHNA NIVAS, VISHNU NAGAR, KAIMANOM, PAPPANAMCODE.P.O., THIRUVANANTHAPURAM. R3 TO R19 ARE IMPLEADED AS ADDITIONAL R3 TO R19 AS PER ORDER DATED 23/9/08 IN CRL.M.A.NO.5104/08. PUBLIC PROSECUTOR SRI. AMJAD ALI. SRI.M.R.RAJESH FOR ADDL.RR TO R19. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3399 of 2008 ------------------------------------------------- Dated this the 31st day of October, 2008 ORDER About the possession and management of the Chirakkara Mahavishnu temple, there is a dispute which resulted in initiation of the proceedings under Sec.145 Cr.P.C. Preliminary order was passed, the property was attached and a Receiver was appointed. Against the initiation of the said proceedings in M.C.No.101/06 by the Sub Divisional Magistrate, Trivandrum, criminal revisions were filed before the learned Sessions Judge, Trivandrum. By Annexure-V order, the learned Sessions Judge turned down the challenge against Annexure-IV order. Annexure-V order passed in revision by the learned Sessions Judge was challenged before this Court and by Annexure-VI order. The said challenge was also rejected. There was a direction by the learned Sessions Crl.M.C. No.3399 of 2008 -: 2 :- Judge to the Sub Divisional Magistrate to dispose of the case expeditiously. 2. The case has not been disposed of so far. During the pendency of the said proceedings, `A' Party and `B' Party (there is only two contesting parties in the M.C.) filed a joint application to report to the S.D.M. that the disputes between them have been settled. The S.D.M. was requested to hand over the possession to the person from whose possession the property was taken over. That petition was filed on 30/7/08. A copy of the same is produced as Annexure-VII. 3. Though the petitioners representing `A' Party and `B' Party had filed Annexure-VII application, there are disputes raised as to whether it is a bona fide and genuine settlement on behalf of the `A' and `B' Party. Some persons claiming to represent the interest which `A' Party represents had appeared before the S.D.M. to raise objections against the said alleged settlement. They have come before this Court also as respondents 3 to 19. It is submitted that respondents 3 to 19 herein have been arrayed as additional `A' party in M.C.No.101/06 by the S.D.M. 4. Be that as it may, Annexure-VII petition dated 30/7/08 filed by the petitioners herein is still pending before the S.D.M. Crl.M.C. No.3399 of 2008 -: 3 :- The learned counsel for respondents 3 to 19 as also the learned Public Prosecutor on behalf of respondents 1 and 2 submit that the said petition has not been disposed of yet. The same stands posted to 26/11/08 for consideration, submits the learned Public Prosecutor on behalf of the S.D.M. 5. The learned counsel for the petitioners submits that already orders have been passed on the said petition dated 30/7/08. He is unable to produce a copy of any order. In these circumstances, the first grievance of the petitioners that the order passed on the application dated 30/7/08 has not been executed is found to be without any merit. 6. However, I find merit in the submission of the learned counsel for the petitioners that the S.D.M. may be directed to pass orders expeditiously on that application dated 30/7/08. If that petition is allowed, the entire proceedings must come to an end, submits learned counsel for the petitioners. If for any reason, the submission is not accepted, there should be a direction to the S.D.M. to dispose of M.C.No.101/06 itself as expeditiously as possible prescribing the time limit. 7. Having considered all the relevant circumstances and the submissions made on behalf of the petitioners, respondents 1 and 2 and respondents 3 to 19, I am satisfied that appropriate Crl.M.C. No.3399 of 2008 -: 4 :- directions can be issued in the matter. 8. In the result, this Crl.M.C. is allowed in part. Following specific directions are issued: (i) The 1st respondent – S.D.M., Trivandrum, shall dispose of Annexure-VII petition dated 30/7/08 filed by the petitioners herein as expeditiously as possible – at any rate, within a period of one month from 10/11/08 on which day, the parties shall appear before the S.D.M. for continuation of the proceedings. The S.D.M. shall advance the hearing of the matter, hear the parties and proceed to pass appropriate orders. (ii) If the proceedings are not brought to termination on the basis of the petition dated 30/7/08 within the time stipulated above, the S.D.M. shall dispose of M.C.No.101/06 as expeditiously thereafter as possible – at any rate, within a period of 6 months from 10/11/08. 9. Compliance shall be reported to this Court. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.3399 of 2008 -: 5 :-