IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Crl.MC.No. 3852 of 2009() ------------------------------------ MC.4/2009 of SUB DIVIONAL MAGISTRATE COURT, THRISSUR. .................... PETITIONERS/RESPONDENTS 26 & 28 ------------------------------------------------------- 1. ROSILY, WIFE OF CHIRAYATH DAVIS, PARALAM VILLAGE, THRISSUR DISTRICT. 2. BIJU, SON OF CHIRAYATH DAVIS, PARALAM VILLAGE, THRISSUR DISTRICT. BY ADV. MR.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 2. K.R. RAJAN, MANAGER, GURUKULAM PUBLIC SCHOOL, VENGINISSERY VILLAGE, THRISSUR DISTRICT. 3. THE ADDITIONAL TAHSILDAR, THRISSUR. 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1, R3 & R4 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3852 OF 2009 ------------------------------------------ Dated 15th December 2009 O R D E R M.C.4/2009 was initiated by Sub Divisional Magistrate, Thrissur under Section 133 of Code of Criminal Procedure and Annexure-I order was passed under Section 142 of Code of Criminal Procedure directing 28 persons referred to therein including the petitioners, to stop illegal demolition and mining of earth as it causes imminent danger and injury to the public. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I order to the extent it relates to the property of the petitioners and also to direct first respondent to consider Annexures-II and III objections. Crmc 3852/09 2 2. When it is under Annexure-I order dated 6/1/2009 Sub Divisional Magistrate issued a conditional order and directed 28 persons to appear and show cause why conditional order shall not be made absolute, it is up to the Sub Divisional Magistrate to decide whether conditional order is to be made absolute or proceedings dropped as provided under Section 138 of Code of Criminal Procedure, after conducting an enquiry as provided under the Code. Necessarily, Sub Divisional Magistrate has to take evidence as in a summons case and then only can decide whether the conditional order is to be made absolute or to be modified or proceedings is to be dropped. Petitioners are entitled to raise all the contentions before the Sub Crmc 3852/09 3 Divisional Magistrate. Sub Divisional Magistrate is directed to dispose the case as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE. uj.