IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34300 of 2010(J) ------------------------- PETITIONER : --------------------- BENNY JOSEPH PARAPPALLIL, AGED 41 YEARS, KOORACHUNDU, P.O.KALLANODE, ATHIYODE AMSOM, QUILANDY TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.M.B.PRAJITH SRI.M.T.THOMAS RESPONDENT(S): ------------------------ 1. THE KOORACHUNDU GRAMA PANCHAYATH REP.BY ITS SECRETARY, P.O.KOORACHUNDU, KOZHIKODE, PIN-673 527. 2. THE SECRETARY, KOORACHUNDU GRAMA PANCHAYATH, P.O.KOORACHUNDU, KOZHIKODE, PIN-673 527. 3. THE DISTRIACT COLLECTOR, KOZHIKODE, PIN-673 001. 4. THE SUB DIVISIONAL MAGISTRATE, KOZHIKODE, PIN-673 001. 5. EDATTOM KUZHIYIL BABY, AGED 52 YEARS, S/O.JACOB EDATTOM KUZHIYIL, P.O.KALLANODE, ATHIYODE AMSOM, ATHIYODE DESOM, QUILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 615. 6. EDATTOM KUZHIYIL DOMINIC, AGED 44 YEARS, S/O.JACOB EDATTOM KUZHIYIL, P.O.KALLANODE, ATHIYODE AMSOM, ATHIYODE DESOM, QUILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 615. R3 & R4 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34300 OF 2010 -------------------------- Dated this the 22nd day of November, 2010 J U D G M E N T The petitioner along with others filed a petition before the Sub Divisional Magistrate, Kozhikode complaining about the unauthorised piggery being run by respondents 5 and 6. On that petition, the Sub Divisional Magistrate passed Ext.P8 order directing respondents 5 and 6, who were respondents 1 and 2 in the proceedings before the Sub Divisional Magistrate, to stop the unauthorised piggery within 10 days, failing which the Secretary of Koorachundu Grama Panchayat was directed to take necessary action in the matter. Aggrieved by the said order, respondents 5 and 6 filed Crl.R.P. No. 58 of 2010 in the Court of Session, Kozhikode. The petitioner was the first respondent in the said revision. The Secretary of Koorachundu Grama Panchayat was the second respondent and the State of Kerala was the third respondent therein. By Ext.P11 order passed on 29.7.2010 after notice to and and hearing the petitioner and others, the Court of Session held that Ext.P8 order cannot be sustained. The court below held that for abatement of the nuisance, the Sub Divisional Magistrate ought to have initiated WPC No.34300/2010 2 proceedings under section 133(1)(a) of the Code of Criminal Procedure. Ext.P8 was accordingly set aside and the case was remanded to the Sub Divisional Magistrate for fresh disposal within three months from the date of receipt of the case records. The grievance voiced by the petitioner is that though nearly four months have passed after Ext.P11 order was passed, the Sub Divisional Magistrate, Kozhikode has not yet passed revised orders in the matter. It is contended that respondents 5 and 6 are running the piggery without a licence from the local authority or clearance from the Kerala State Pollution Control Board and that it causes nuisance to the neighbouring residents of that locality. In this writ petition, the petitioner seeks a direction to respondents 1 to 4 to stop the functioning of the unauthorised piggery run by respondents 5 and 6. 3. When the writ petition came up for admission on 15.11.2010, the learned Government Pleader was directed to get instructions in the matter. When the writ petition came up for hearing today, the learned Government Pleader submitted on instructions that the Sub Divisional Magistrate has issued a fresh conditional order under section 133 of the Code of Criminal WPC No.34300/2010 3 Procedure on 15.11.2010. The learned Government Pleader also submitted that notice has been issued to the petitioner, respondents 5 and 6 and the Secretary of local authority. In such circumstances, as the Sub Divisional Magistrate has initiated action in the matter, the petitioner should await the outcome of the said proceedings before invoking the jurisdiction of this Court. I accordingly dispose of this writ petition with a direction to the fourth respondent to finalise the proceedings initiated by him under section 133 of the Code of Criminal Procedure against respondents 5 and 6 expeditiously and in any event within two months from the date on which notice is served on respondents 5 and 6. P.N.RAVINDRAN, (JUDGE) vps WPC No.34300/2010 4 WPC No.34300/2010 5