IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 322 of 2001 -------------------------------- (M.C.80/2000 OF THE SUB DIVISIONAL MAGISTRATE, KOZHIKODE) PETITIONER: THID PARTY: ------------------------------------- AMBALAKKUNNU ELAKKANDI SREE MAHA DEVA KSHETHRA COMMITTEE, MANHALAMCHAL, REPRESENTED BY ITS PRESIDENT M.M.NBALAKRISHNAN, S/O. MADHAVAN AGED 45 YEARS, RESIDING AT MECHERIYIL, KUNDUTHODU.P.O. BY ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) RESPONDENTS:/ A PARTY & B PARTY: ------------------------------------------------------ 1. K.C.THOMAS, S/OCHERIYAN, KAVILUMPARA AMSOM DESOM (DIED). 2. K.C.JOSEPH, S/O.CHERIYAN, KAVILUMPARA AMSOM DESOM. 3. K.C.SEBASTIAN, S/O.CHERIYAN, KADALIKKATTIL, KIZHATHADIYOOR.P.O., PALAI. 4. DR.K.C. EFRAM, S/O.CHERIYAN MADAPPALLY COLLEGE.P.O., VADAKARA. 5. PRINCE, S/O. DEVASSIA, KAVILUMPARA AMSOM AND DESOM. 6. JANARDHANAN, S/O.KUMARAN, DO. DO. 7. M.P.BABU, S/O.KANNAN, DO. DO. 8. T.P.KUNHIRAMAN NAIR, S/O.ACHUTHAN NAIR, DO. DO. 9. RAVEENDRAN, S/O.KARUNAKARAN, DO. DO. 10. V.P.NANU, S/O.KELAPPAN, DO. DO. 11.KRISHNAN NAIR, S/O.KELU NAIR, DO. DO. 12. K. BABU, CONVENOR, HINDU, DO. DO. 13. P.RAJAN, S/O.KUMARAN, DO. DO. 14. THE SUB DIVISIONAL MAGISTRATE, KOZHIKODE. ADV. SRI.ALAN PAPALI FOR R2 TO 7 SRI.M.P.PRABHANANDAN FOR R2 TO R7 SRI.R.PARTHASARATHY FOR R8 TO R13 SRI.M.P.JAYARAJ FOR R8 TO R13 SRI.PETER THARAKAN FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 322 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 ORDER Petitioner who is stated to be the President of Ambalakkunnu- Elakkandi Sree Maha Deva Kshethra Committee, Manhalamchal has preferred this petition under Section 482 of the Code of Criminal Procedure seeking to quash Anneure A2 and A3 orders passed by the Sub Divisional Magistrate, Kozhikode under Sections 145 and 146 of the Code respectively. 2. Admittedly petitioner was not a party to either Annexure A2 or Annexure A3. But according to the petitioner the Temple Committee is the owner of the property involved in the above proceedings viz., 10 acres in Sy.Nos.175 of Kavilumpara Village in Vadakara Taluk. 3. Annexure A2 and A3 orders were passed by the Sub Divisional Magistrate on 16th and 17th August, 2000 respectively. Learned counsel for the petitioner and the respondent submit that the issue involved in the above proceeding is still at large in a Second Appeal pending on the file of this Court, arising from a civil suit filed by the petitioner. 4. It is brought to my notice that the above suit was filed by the Committee for a permanent injunction. The suit was dismissed by the trial court. The appeal preferred against the decree and judgment of the trial court was also dismissed by the appellate court. It is against the said decree and judgment passed by the appellate court that the petitioner has reportedly filed a Second Appeal which is now pending Crl.M.C.322/2001. 2 before this Court. 5. Anyhow, the Sub Divisional Magistrate had passed the impugned order way back in the year 2000. It is the common case of the parties that pursuant to the above order of attachment, no further steps had been taken by the Revenue Authorities to take possession of the same, obviously for the reason that the civil court was in seisin of the matter. Anyhow, I do not propose to deal with the question involved in this petition any further at this stage. But it is made clear that if the Revenue Authorities feel there is any threat to public peace in the locality in respect of any simmering dispute, it will be open to the said authorities to take appropriate action, if warranted, in accordance with law, after hearing all the parties concerned. At any rate, no interference is warranted with the impugned orders. Crl.M.C is closed with the above observations. A.K. Basheer Judge. an.