IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 23301 of 2010(Q) ------------------------- PETITIONER : ------------------ NARAYANAN, AGED 55 YEARS, S/O.INNAYAKKAN, VERALIPPARA HOUSE, OTTAPPILAVU, P.O.KORATTITKARA, THRISSUR DISTRICT. BY ADVS. SRI. RAJIT SRI.RANJIT BABU RESPONDENT(S): ------------------------ 1. REVENUE DIVISIONAL OFFICER, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. THAMPI, THOLOTH HOUSE, OTTAPPILAVU, P.O.KORATTITKARA, THRISSUR DISTRICT – 680 203. R1 BY GOVT. PLEADER SRI. P.A. SALIM R2 BY ADV. SRI.A.X.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 23301 of 2010(Q) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PHOTOGRAPH OF THE COCONUT TREE WHICH IS SLANTING AND STANDING JUST OVER THE RESIDENTIAL HOUSE OF THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE CONDITIONAL ORDER NO. MC.62/10 DATED 08.03.2010 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.23301 of 2010 Q -------------------------- JUDGMENT By Exhibit P3 order passed under Section 133 of Code of Criminal Procedure, Sub Divisional Magistrate, Thrissur directed second respondent to appear and show cause why the conditional order shall not be made absolute. Second respondent appeared and submitted his explanation. This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing the Sub Divisional Magistrate to take immediate action pursuant to Exhibit P3 order. 2. Exhibit P3 order was passed on 8.3.2010 on satisfying that the coconut trees standing in the property of the second respondent are slanting towards the house of the petitioner and it causes danger to the life of the inmates of the house. In such circumstances, the petition is disposed directing Sub Divisional Magistrate, Thrissur to WPC 23301/10 2 pass final order under Section 138 of Code of Criminal Procedure, following the procedure provided under the Code, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. 4th October, 2010 (M.Sasidharan Nambiar, Judge) tkv