IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 23171 of 2007(H)
1. P.V.POULOSE, S/O.VAREED, PARACKAL
... Petitioner
2. P.K.SASI, PUNNELY HOUSE, AVANAMKODU,
Vs
1. THE DISTRICT COLLECTOR, THRISSUR.
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. GEOLOGIST, DISTRICT OFFICE,
4. SRI.DEVADAS MASTER, S/O.RAVI,
5. SRI.BAIJU, S/O.BAVA, AYYARIL HOUSE,
6. SRI.MATHACHAN, CHERAMKERI,
7. SRI.REJI, S/O.VARGHESE, CHEEROTHI,
8. SRI.HARI, S/O.RAJAPPAN, VARIKKAD,
9. SRI.NIRMAL, S/O.CHACKO, PAKKADAN HOUSE,
For Petitioner :SRI.T.KRISHNAN UNNI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice R.BASANT
Dated :24/08/2007
O R D E R
R.BASANT, J.
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W.P.C.No.23171 of 2007
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Dated this the 24th day of August 2007
J U D G M E N T
The petitioner has come to this court aggrieved by Ext.P9
order issued by the District Magistrate/District Collector,
Thrissur under Section 144 Cr.P.C. Various grounds are urged
to assail Ext.P9 order passed under Section 144 Cr.P.C. The
learned Public Prosecutor was directed to take instructions.
Instructions have been taken and a statement has been filed.
Today, when the matter came up for hearing, the learned
counsel for the petitioner submits that Ext.P9 order does not live
any more in the light of the mandate of Section 144(4) Cr.P.C
which stipulates that no order under Section 144 Cr.P.C shall
remain in force for more than two months from the making
thereof. The order was passed on 14/5/2007. On 14/7/2007, the
order must have come to an end. It cannot remain in force
thereafter. There is no contention that any order/notification has
been issued under the proviso to Section 144(4) Cr.P.C. The
State has no case that any such notification/order has been
passed by the State Government.
W.P.C.No.23171/07 2
2. I must, in these circumstances, agree with the learned
counsel for the petitioner that it is not necessary to issue any
further directions in this writ petition, the impugned order
Ext.P8 having now ceased to remain in force in the light of the
mandate under Section 144(4) Cr.P.C.
3. This writ petition is accordingly allowed to the above
extent.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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W.P.C.No.23171/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007