IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 3604 of 2008(D) ------------------------- PETITIONER: ELDHOSE, S/O.MATHAI, AGED 42 YEARS, ORAVVALAKUDI HOUSE, ANAVIRATTY KARA, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENTS: 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB COLLECTOR, DEVIKULAM. 3. T.J.JOY, THELLINYANKKAL HOUSE, ANAVIRATTY P.O., IDUKKI DISTRICT. 4. K.J.KURIACHAN, KUNNUMPURATH HOUSE, ANAVIRATTY P.O., IDUKKI DISTRICT. 5. V.J.MOHANAN, VAZHAPARAMBIL HOUSE, ANAVIRATTY P.O., IDUKKI DISTRICT. 6. K.P.JOSE, KAYIKKAKUDI HOUSE, ANAVIRATTY P.O., IDUKKI DISTRICT. 7. THE VILLAGE OFFICER, VELLATHOOVAL VILLAGE OFFICE, VELLATHOOVAL, IDUKKI DISTRICT. 8. THE SUB INSPECTOR OF POLICE, ADIMALI, IDUKKI DISTRICT. 9. THE TAHSILDAR, DEVIKULAM. BY GOVERNMENT PLEADER SRI.K.S.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No. 3604 Of 2008 = = = = = = = = = = = = = = Dated this the 1st day of February, 2008 JUDGMENT The petitioner, who was the counter petitiner in M.C.No.14 of 2007 on the file of Sub Divisional Magistrate's Court, Devikulam is desirous of challenging Ext.P7 final order dated 3.1.08 passed by the Sub Divisional Magistrate, Devikulam under Section 133 Cr.P.C. His grievance is that even though he has not been served with an authentic copy of Ext.P7 final order, the appendix to the final order under Section 138 Cr.P.C directs the Tahasildar and the Village Officer, Vellathooval to implement the order and it contains a further direction to the Sub Inspector of Police , Adimaly to render necessary police assistance to the Tahasildar and the Village Officer. As per the final order, the petitioner who was the counter petitioner, had been given 5 days time from the date of the order to comply with the final order. Simultaneous direction was given to the Tahasildar and Village Officer to implement the order even before the petitioner was served with a copy of the final order. The petitioner wants to challenge the final order by filing a revision either before the Sessions Court or before this Court. W.P.C.No. 3604 of 2008 2 Hence, this writ petition is disposed of directing the 2nd respondent- Sub Collector/ the Sub Divisional Magistrate, Devikulam to issue to the petitioner herein an authentic copy of the final order dated 3.1.08 in M.C.No.14/2007, within two weeks of the date of receipt of a copy of this judgment. The implementation of the final order dated 3.01.08 in M.C.14/2007, shall be kept in abeyance for a period of one week of issue of the authentic copy, to enable the petitioner to assail the final order passed under Section 138 Cr.P.C. (V.RAMKUMAR, JUDGE) sj