IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3166 of 2010() ----------------------------------- C3 .11174/10 OF EXECUTIVE MAGISTRATE, THALAPPILLY TALUK. OS.149/2010 of THE MUNSIFF COURT VADAKKANCHERRY. .................... PETITIONER(S): --------------------- ARUN CHANDRAN, S/O.P.N.CHANDRAN, AGED 33 YEARS, RESIDING AT 'USHUS', NOCHIMA, NAD P.O., ALUVA-683563. BY ADVS. SRI.SANTHEEP ANKARATH SMT.N.N.PRASEEDA RESPONDENT(S): -------------------- --- 1. THE TAHSILDAR AS EXECUTIVE MAGISTRATE TALAPPILY TALUK, THRISSUR (DT). 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. MOHANDAS SHENAI, S/O.PADMANABHA SHENAI, KARANCHERI, LOKAQMALESWARAM VILLAGE, KODUNGALLOOR P.O.-680664, KODUNGALLOOR. R1 & R2 BY ADDL. D.G.P. SRI.P.N.SUKUMARAN R3 BY ADVS. SRI.K.K.JAYASOORIAN, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN, SRI.V.R.REKESH, SRI.V.S.SHIRAZ BAVA . THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3166 OF 2010 =========================== Dated this the 15th day of September,2010 ORDER When the Tahsildar Executive Magistrate, Thalappilly issued Annexure A3 notice directing the petitioner to appear on 12.4.2010 in C3.11174/10 proceedings and thereafter petitioner received Annexure A9 notice from Taluk Surveyor intimating measuring his property, this petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A3 and A9 contending that the proceedings initiated under section 133 of Code of Criminal Procedure and it is illegal as no public pathway was obstructed. 2. In view of the contentions raised, first respondent Tahsildar was directed to file a statement disclosing the circumstances under which Annexure A3 and A9 notices were issued. Crl.M.C.3166/2010 2 The statement so filed shows that when the Sub Inspector of Police, Pazhayannur submitted a report to District Collector, Thrissur that breach of peace is apprehended due to the blocking of Pampady Thapovanam Ashramam Road by the petitioner, District Collector directed the Tahsildar to try for a settlement and consequently Annexure A3 notice was issued. When the parties appeared and the dispute is with regard to the boundary of the property owned by the petitioner and third respondent and it was agreed by them that the property could be measured to determine the boundary, Surveyor was requested to fix the boundary. Consequently Annexure A9 notice was issued by the Surveyor. The petitioner then produced an order of temporary injunction granted by the Munsiff, Wadakkanchery in O.S.149/2010. Hence the property was not measured by the Surveyor and the fact was intimated to the District Collector. The District Collector instructed that if law and order situation arises, proceedings Crl.M.C.3166/2010 3 could be initiated and therefore no further action has been taken. It is clear that no proceeding under section 133 of Code of Criminal Procedure was initiated as contended by the petitioner. 3. In the light of the statement, I do not find that any direction is warranted in this petition. The statement shows that proceedings under section 133 of the Code of Criminal Procedure was not initiated by the Executive Magistrate in this case and Annexure A3 notice was issued to arrive at a settlement between the parties and Annexure A9 notice was issued to measure the property to facilitate the settlement and consequent to the civil suit pending no action is taken. Hence Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006