IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 20187 of 2010(W) --------------------------------------- PETITIONER: ------------------- K.HUSSANKUTTY, AGED 55 YEARS, S/O.KUTTIALI KOLAKADAN, AMARAM HOUSE, NELLIKAPARAMBU, MUKKAM VIA., KOZHIKODE DISTRICT. BY ADV. SRI.P.VENUGOPAL. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, KOZHIKODE-673 001. 2. SUB DIVISIONAL MAGISTRATE, KOZHIKODE-6730 01. 3. KODIYATHUR GRAMA PANCHAYATH, KODIYATHUR, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY-673 602. 4. KOYAMU, S/O.KAADIRI, PUTHIYOTTIL HOUSE, P.O.KODIYATHUR, VIA: MUKKAM, KOZHIKODE DISTRICT-673 602. 5. MUHAMMEDALI, S/O.KAADIRI, PUTHIYOTTIL HOUSE, P.O.KODIYATHUR, VIA. MUKKAM, KOZHIKODE DISTRICT-673 602. R1 & R2 BY GOVT. PLEADER SRI. M.A. ASIF, R4 & R5 BY ADV. SRI.K.M.FIROZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20187/2010-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1 TO P.4: COPY OF THE PHOTOGRAPHS SHOWING THE DAMAGES CAUSED TO THE RESIDENTIAL BUILDING OF THE PETITIONER. EXT.P.5: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, MUKKAM. EXT.P.6: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE R.3. EXT.P.7: COPY OF THE COMPLAINT/PETITION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 10/12/2009. EXT.P.8: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO R.2. DTD. 16/01/2010. EXT.P.9: COPY OF THE INFORMATION FURNISHED BY THE R.2. ON 25/01/2010. EXT.P.10: COPY OF THE CONDITIONAL ORDER PASSED BY THE R.2. DTD. 19/01/2010. EXT.P.11: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.2. ON 22/02/2010. EXT.P.12: COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 13/05/2010. RESPONDENTS' EXHIBIT: EXT.R4.A: COPY OF THE HEARING NOTICE ISSUED BY THE SUB DIVISIONAL MAGISTRATE. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20187 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2010 J U D G M E N T The petitioner challenges inaction on the part of the respondents 1 to 3 in the matter of enforcing a provisional order passed by the Sub Divisional Magistrate under Section 133 of the Criminal Procedure Code directing the respondents 4 & 5 to stop quarrying activities they are engaged in. The learned counsel for the respondents 4 & 5 submits that, pursuant to the provisional order they have appeared before the Revenue Divisional Magistrate and the matter is posted today for further consideration. In view of the said circumstances, I direct the 2nd respondent to complete the proceedings pursuant to Ext.P10 provisional order as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as respondents 4 & 5. Till W.P.(C)No. 20187 of 2010 -2- then the respondents 4 & 5 shall not undertake the quarrying operations which is the complaint of in this writ petition. S. SIRI JAGAN JUDGE shg/