IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4856 of 2010(Q)
1. THIRUVANATHAPURAM CITIZENS
... Petitioner
Vs
1. SUB DIVISIONAL MAGISTRATE,
... Respondent
2. SREE PADMANABHASWAMY TEMPLE TRUST,
3. SRI. RAJESEKHARAN NAIR,
4. HEALTH OFFICER,
5. DISTRICT MEDICAL OFFICER,
For Petitioner :SRI.M.RAJASEKHARAN NAYAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/02/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO.4856 OF 2010
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Dated 25th February 2010
JUDGMENT
Challenging the order passed under
Section 138 of Code of Criminal Procedure
Crl.R.P.135/2007 was filed before Additional
Sessions court, Thiruvananthapuram. By Ext.P4
order dated 22/6/2009, learned Sessions Judge
allowed the revision and directed Sub
Divisional Magistrate, Thiruvananthapuram to
dispose M.C.62/2006, after setting aside the
impugned order passed on 17/11/2007, under
Section 138 of Code of Criminal Procedure, in
accordance with law after affording an
opportunity to the parties to adduce evidence
following the procedure provided under
Sections 133 to 143 of Code of Criminal
Procedure. This petition is filed under
Wpc 4856/10
2
Section 227 of Constitution of India for a
direction to the first respondent Sub
Divisional Magistrate, Thiruvananthapuram
to dispose of M.C.62/2006 as directed in
Ext.P4 judgment contending that final order
is not passed.
2. Learned counsel appearing for
the petitioner and learned Government
Pleader were heard.
3. Learned Government Pleader
submitted that the case now stands posted
to 1/3/2010 and final order will be passed
within three months. In view of the
submission the writ petition is disposed
directing Sub Divisional Magistrate to pass
final orders in M.C.62/2006, complying with
the procedure provided in the Code of
Criminal Procedure and as directed in
Wpc 4856/10
3
Cr.R.P.135/2007 within three months from
the date of receipt of a copy of this
judgment.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.