IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19671 of 2008(P) -------------------------- CRRP.57/2008 of DISTRICT COURT, THRISSUR .................... PETITIONER: ------------ P.M.PRADEEP, S/O. P.R.MADHAVAN, PONNARASSERY HOUSE, KUNNAMKULAM THRISSUR DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENTS: ------------- 1. MR. VENUGOPALAN, KRISHNANKUTTY KURUMBOOR HOUSE, KUNNAMKULAM THRISSUR DISTRICT. 2. THE SUB DIVISIONAL MAGISTRATE THRISSUR. 3. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. BY GOVERNMENT PLEADER SRI.JAI GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.19671 of 2008 ---------------------------------------- Dated this the 1st day of July 2008 J U D G M E N T The petitioner is the owner of a building. In proceedings initiated by the Sub Divisional Magistrate under Section 133 Cr.P.C, he has been directed to demolish the building. The petitioner has no objection against that course. However, one of the tenants in this building has preferred a revision petition and the same is pending before the Sessions Court as Crl.R.P.No.57/2008. The petitioner has already entered appearance. He wants that revision petition to be disposed of expeditiously. He is afraid that the building may come down and he may also be accused of contumacious responsibility if any damage/loss is suffered by anyone on account of such fall of the building. The same is adjacent to the national highway. In these circumstances, the petitioner filed an application before the learned Sessions Judge for out of turn expeditious disposal of the Crl.R.P, the same is pending as Crl.M.P.No.2404/2008. The short grievance of the petitioner is that the learned Sessions Judge is not taking up Ext.P8 Crl.M.P.No.2404/2008 for consideration. Consequently, W.P.C.No.19671/08 2 the revision petition remains without disposal. In these circumstances, it is prayed that appropriate directions may be issued. 2. I need only mention that the learned Sessions Judge must dispose of Ext.P8 as expeditiously as possible, at any rate, within a period of 15 days from the date on which a copy of the judgment is placed before the learned Sessions Judge by the petitioner herein, unless there is any legal impediment against such disposal. If there be any such legal impediment, the learned Sessions Judge can seek further directions from this court. 3. In the result, this writ petition is allowed in part. Appropriate orders shall be passed in Ext.P8 application by the learned Sessions Judge, Trichur expeditiously - at any rate, within a period of 15 days from the date on which a copy of this judgment is placed before the learned Sessions Judge by the petitioner herein. Hand over copy of this judgment to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr W.P.C.No.19671/08 3 W.P.C.No.19671/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007