IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 37134 of 2007(U) -------------------------- PETITIONER: ------------ VAZHELIL SUKUMARAN, VADAKKUMMURI, KALLOOR P.O., ANNAMANADA, THRISSUR-680 741. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN SRIG.GABHILASH RESPONDENTS: ------------- 1. THE SUB DIVISIONAL MAGISTRATE, REVENUE DIVISIONAL OFFICE, THRISSUR. 2. THE CIRCLE INSPECTOR OF POLICE, O/O. CIRCLE INSPECTOR OF POLICE, MALA. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. ( c) No. 37134 of 2007 * * * * * * * * * * * * * * * * * * Dated: 17-01-2008 JUDGMENT In this petition filed under Art. 226 of the Constitution of India, the petitioner who was the first petitioner in M.C. 32 of 1994 before before the Sub Divisional Magistrate, Thrissur, initiated in respect of a pathway running east -west along with the southern side in Chembikedath Bhagavathi Temnple, Kalloor , seeks a direction to the 2nd respondent C.I. of Police, Mala, to implement Ext.P3 and P7 orders passed by the Sub Divisional Magistrate, Thrissur under Sec. 141 Cr.P.C. for implementing the final order dated 12-7-1995 passed by the first respondent in the above M.C. under Sec. 138 Cr.P.C. and as confirmed by Ext.P1 order passed by the Sessions Court, Thrissur. 2. The conditional order under Sec. 133 in respect of a pathway in question was passed as early as on 15-3-1994 and the final order making the conditional order absolute was passed on 12-7- 1995. Thereafter the Sub Divisional Magistrate passed Ext.P3 order under Sec. 141 Cr.P.C. The office bearers of the local N.S.S. Unit, North Paravur and of the Temple Committeee had attempted to get -:2:- the final order quashed by filing Crl.R.P . No. 7 of 2005 before this Court. As per Ext.P4 order dated 24-1-2005, this Court had dismissed the Crl.R.P. permitting the petitioner therein to agitate their claim in the Writ Petition which was pending as O.P. No. 22431 of 1997. Subsequently, O.P. 22431 of 1997 also was dismissed as per Ext.P5 judgment dated 3-3-2005. 3. The grievance of the petitioner is that notwithstanding Ext.P7 whereunder a specific direction was given by the Sub Divisional Magistrate on 24-3-2006 to the Circle Inspector of Police, Mala to execute the final order and to report compliance, the 2nd respondent C.I. has not complied with the same and is continuing to disobey the lawful direction issued by the authorities. 4. The learned government Pleader submitted that the C.I. of Police, Mala, has not so far received any communication from the Sub Divisional Magistrate and that is why he has not executed the final order. In the light of Ext.P7 communication from the Sub Divisional Magistrate to the C.I. of Police, Mala, he cannot say that he has not received any information. It may be that the communication might not have been be put up before the Circle Inspector inviting his attending to the direction therein. Before proceeding against the 2nd respondent for disobedience of the lawful directions issued by the -:3:- authorities as confirmed by this Court , this Court proposes to give the Circle Inspector of Police, Mala a last opportunity to comply with the final order passed by the Sub Divisional Magistrate. Accordingly, this Writ Petition is disposed of directing the 2nd respondent, Circle Inspector of Police, Mala to execute the final order dated 12-7-1995 passed in M.C. No. 32 of 1994 on the file of the Sub Divisional Magistrate, Thrissur by removing the obstruction in respect of the pathway in question and report compliance of the same both to the Sub Divisional Magistrate, Thrissur as well as to this Court. V. RAMKUMAR, (JUDGE) ani.