IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 26490 of 2008(C) -------------------------- PETITIONER: ------------ BIJU JOSEPH ,S/O. JOSEPH, AGED 42 YEARS, ASWATHY HOUSING PRIVATE LIMITED KP-XIV/1124, KAZHAKOOTTAM,THIRUVANANTHAPURAM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. 2. SHRI.SHAJAHAN AL-MADINA HOTEL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).26490/2008 -------------------- Dated this the 15th day of September, 2008 JUDGMENT Second respondent is conducting a hotel, apparently in close proximity to the residence of the petitioner. Petitioner's complaint seems to be that the waste water generated from the hotel flows directly to the property of the petitioner. He has approached the Sub Divisional Magistrate who has invoked the powers under Section 133 of Cr.P.C and has passed Ext.P3 conditional order in this regard. Petitioner is aggrieved that further proceedings are not being taken by the Sub Divisional Magistrate expeditiously. Hence the writ petition. Having heard learned Government Pleader also, writ petition is disposed of directing the first respondent to finally dispose of M.C.245/2007 within three months from the date of receipt of a copy of this judgment. Obviously both the petitioner and the second respondent are entitled to be heard before final orders are passed by the first respondent. V.GIRI, Judge mrcs