IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 933 of 2010(Q) ------------------------ SC.73/2004 of ASSISTANT SESSIONS COURT, MAVELIKKARA .................... PETITIONER(S): ---------------------- THOMAS MATHEW, S/O. MATHEW, PAZHAYA PREEDIKA, UMAYATTUKARA MURI, THIRUVANVANDOOR. BY ADV. MR.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY REVENUE SECRETARY, REVENUE DEPARTMENT. 2. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, CHENGANNUR. 4. VILLAGE OFFICER, VILLAGE OFFICE, CHENGANNUR. R1 TO R4 BY GOVERNMENT PLEADER MR.K.S. SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.933 OF 2010 ------------------------------------------ Dated 24th March 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a writ of mandamus to call for the records pertaining to Ext.P4 and quash the same. Ext.P4 is a notice issued by the Tahsildar for realisation of the penalty as directed by the Assistant Sessions Judge, Mavelikara in M.C.17/2005. Ext.P1 is the order passed by Assistant Sessions Judge, Mavelikara on 22/7/2005, whereunder proceedings were initiated under Section 446 of Code of Criminal Procedure against the petitioner and two others. By Ext.P1 order learned Assistant Sessions Judge directed the petitioner to pay a penalty of Rs.25,000/- Wpc 933/10 2 and the other two counter petitioners in the Crl.M.C to pay Rs.12,500/- each. Ext.P4 shows that steps were initiated to realise the said penalty. If petitioner is aggrieved by Ext.P1 order remedy is to file an appeal. Petitioner is not entitled to get Ext.P4 proceedings quashed without getting Ext.P1 quashed. Petition is dismissed granting liberty to the petitioner to challenge Ext.P1 order. M.SASIDHARAN NAMBIAR, JUDGE. uj.