High Court Kerala High Court

Narayanan vs Revenue Divisional Officer on 4 October, 2010

Kerala High Court
Narayanan vs Revenue Divisional Officer on 4 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23301 of 2010(Q)


1. NARAYANAN, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. REVENUE DIVISIONAL OFFICER, THRISSUR,
                       ...       Respondent

2. THAMPI, THOLOTH HOUSE,

                For Petitioner  :SRI.RAJIT

                For Respondent  :SRI.A.X.VARGHESE

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :04/10/2010

 O R D E R
             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