High Court Kerala High Court

Kochuthazhath Jose @ Joseph vs Revenue Divisional Officer on 19 June, 2008

Kerala High Court
Kochuthazhath Jose @ Joseph vs Revenue Divisional Officer on 19 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8691 of 2008(I)


1. KOCHUTHAZHATH JOSE @ JOSEPH,
                      ...  Petitioner

                        Vs



1. REVENUE DIVISIONAL OFFICER,
                       ...       Respondent

2. CHELAKKATTU BASHEER, S/O.ALAVIKUTTY,

3. KANICHAR GRAMA PANCHAYATH,

                For Petitioner  :SRI.K.V.PAVITHRAN

                For Respondent  :SRI.CIBI THOMAS

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :19/06/2008

 O R D E R
                          ANTONY DOMINIC, J.

                         ===============

                      W.P.(C) NO. 8691 OF 2008 I

                    ====================

                Dated this the 19th day of June, 2008

                              J U D G M E N T

The controversy in this writ petition is in relation to the piggery

owned by the petitioner and proceedings under Section 133 of Cr. P.C in

relation to the piggery. It is stated that the 2nd respondent raised a

complaint against the petitioner’s piggery and on receipt thereof, the 1st

respondent initiated proceedings under Section 133 of the Cr.Pc.

Meanwhile, petitioner filed a suit before the Munsiff’s Court, Kuthuparamba

as OS 189/06 in which Ext.P1 interim order of injunction was also obtained

against the Panchayat. In the meanwhile, the 2nd respondent filed a writ

petition before this court essentially with the prayer for the closure of the

piggery. That writ petition was disposed of by Ext.P4 judgment.

2. On the disposal of the writ petition as above, the petitioner

herein filed Ext.P5 before the 1st respondent, contending that the

proceedings under Section 133 cannot be continued any further. To this

representation, the 2nd respondent has filed Ext.P6, his objections. While

Exts. P5 and P6 are thus pending consideration of the 1st respondent, and

orders are yet to be passed, complaining that the 1st respondent is

WPC 8691/08

:2 :

proceeding with the proceedings under Section 133 of Cr.P.C, this writ

petition has been filed praying for a declaration that the 1st respondent has

no jurisdiction to decide the dispute and to prohibit him from proceeding

further.

3. I feel this matter has to primarily engage the attention of the

1st respondent before whom the above contentions have been raised by

the petitioner by filing Ext.P5 to which objections also have been filed.

4. Therefore, I direct that the 1st respondent shall take up and

consider Ext.P5 with notice to all concerned and pass appropriate orders

thereon. This shall be done by the 1st respondent as expeditiously as

possible, at any rate within 4 weeks of production of a copy of this

judgment. It is directed that until a decision is rendered on Ext.P5 as

above, the interim order passed by this court staying further proceedings

before the Revenue Divisional Officer, will continue.

Writ petition is disposed of as above.

ANTONY DOMINIC,JUDGE.

Rp