IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 8438 of 2011(D) ------------------------- PETITIONER: --------------- SASEENDRAN, AGED 45 YEARS, S/O.KOCHAPPAN, EDOORAKATHU, THEVAKKAL, EDATHALA, ALUVA EAST VILLAGE, ERNAKULAM. BY ADV. SRI.KRISHNADAS P. NAIR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI. 3. THE TAHSILDAR, TALUK OFFICE, ALUVA. 4. THE VILLAGE OFFICER, ALUVA EAST VILLAGE, ALUVA. 5. A.A.VELAYUDHAN, S/O.AYYAPPAN, ANAKKUZHY VEEDU, THEVAKKAL, EDATHALA, ALUVA EAST VILLAGE, ERNAKULAM. BY SR.GOVERNMENT PLEADER ADV.MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 8438 OF 2011 ......................................................................... Dated this the 17th March , 2011 J U D G M E N T The petitioner is stated as aggrieved of illegal soil mining stated as being pursued by the fifth respondent with regard to which Exts.P5 and P10 proceedings are stated as pending. The writ petition has been filed seeking for a direction to be given to the respondents 1 to 4 to take action on Exts.P5 and P10 orders issued against the 5th respondent; simultaneously raising a second prayer to have Exts. P5 and P10 implemented. 2. The learned Government Pleader appearing for the respondents 1 to 4 brings it to the notice of this Court that Ext.P5 has already culminated in Ext.P10, which is a provisional order under Section 133 of the Cr.P.C. It is also evident that the proceedings have not become final and that final order is still to be passed by the second respondent . In the above circumstance, this Court does not find it W.P.(C) No. 8438 OF 2011 2 necessary to consider the merits of this case or to issue notice to the fifth respondent for the time being. The writ petition is disposed of, directing the second respondent to finalise Ext. P 10 proceedings, in accordance with law, after hearing all the parties concerned. This shall be done as expeditiously as possible. P.R. RAMACHANDRA MENON, JUDGE. lk