IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 26814 of 2010(B) -------------------------- PETITIONER(S): --------------- 1. JOSE, VAZHAPPILLY HOUSE, PUTHUR DESOM,KAIPARAMBU VILLAGE, THRISSUR TALUK. 2. YAKOB, VAZHAPPILLY HOUSE, PUTHUR DESOM KAIPARAMBU VILLAGE, THRISSUR TALUK BY ADV. SRI.T.A.RAJAGOPALAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031 2. JOHNSON,VAZHAPPILLY HOUSE, PUTHUR DESOM, KAIPARAMBU VILLAGE THRISSUR TALUK PIN 680 001 3. SECRETARY, KAIPARAMBU GRAMA PANCHAYATH THRISSUR TALUK. PIN 680 001 ADV. SRI.DEEPU LAL MOHAN(AMICUS CURIAE) GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.26814 of 2010 ----------------------------------------- Dated this the 13th day of September, 2010 JUDGMENT In this writ petition the petitioners challenge Ext.P9 order issued by the Sub Divisional Magistrate, Thrissur, Ext.P10 order issued by the Sessions Judge, Thrissur upholding Ext.P9 and Ext.P12 order issued by the Sub Divisional Magistrate, Thrissur on 5.8.2010 calling upon them to obey Ext.P9 order passed by the Sub Divisional Magistrate. 2. Ext.P9 discloses that it is an order issued by the Sub Divisional Magistrate, Thrissur under the provisions of section 133 of the Code of Criminal Procedure. By that order the petitioners were directed to close down the pig farms conducted by them in Kaiparamba Grama Panchayat. Aggrieved thereby they filed Crl.R.P.No.39 of 2008 in the Court of Session, Thrissur. By Ext.P10 order passed on 11.6.2010, the said revision petition was dismissed. Consequently, when the piggery was not closed down, the Sub Divisional Magistrate issued Ext.P12 order dated 5.8.2010 calling upon the petitioners to obey Ext.P9 order passed by him by W.P(C).No.26814 of 2010 -:2:- closing down the piggery. In this writ petition, the only relief sought is to quash Exts.P9, P10 and P12 orders. In my opinion, if the petitioners are aggrieved by Exts.P9 and P10 orders their remedy is to challenge the same by filing an appropriate petition under section 482 of the Code of Criminal Procedure. The petitioners cannot, in my opinion, canvass the correctness of Exts.P9 and P10 orders by filing a writ petition under Article 226 of the Constitution of India. The writ petition accordingly fails and is dismissed without prejudice to the right of the petitioners to file a petition under section 482 of the Code of Criminal Procedure canvassing the correctness of Exts.P9 and P10 orders. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.26814 of 2010 ---------------------------- JUDGMENT 13th September, 2010