IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26814 of 2010(B)
1. JOSE, VAHAPPILLY HOUSE,
... Petitioner
2. YAKOB, VAHAPPILLY HOUSE,
Vs
1. STATE OF KERALA, REP.BY
... Respondent
2. JOHNSON,VAZHAPPILLY HOUSE,
3. SECRETARY, KAIPARAMBU GRAMA PANCHAYATH
For Petitioner :SRI.T.A.RAJAGOPALAN
For Respondent :SRI.DEEPU LAL MOHAN(AMICUS CURIAE)
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :13/09/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P(C).No.26814 of 2010
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Dated this the 13th day of September, 2010
JUDGMENT
In this writ petition the petitioners challenge Ext.P9 order
issued by the Sub Divisional Magistrate, Thrissur, Ext.P10 order
issued by the Sessions Judge, Thrissur upholding Ext.P9 and
Ext.P12 order issued by the Sub Divisional Magistrate, Thrissur on
5.8.2010 calling upon them to obey Ext.P9 order passed by the
Sub Divisional Magistrate.
2. Ext.P9 discloses that it is an order issued by the Sub
Divisional Magistrate, Thrissur under the provisions of section 133
of the Code of Criminal Procedure. By that order the petitioners
were directed to close down the pig farms conducted by them in
Kaiparamba Grama Panchayat. Aggrieved thereby they filed
Crl.R.P.No.39 of 2008 in the Court of Session, Thrissur. By
Ext.P10 order passed on 11.6.2010, the said revision petition was
dismissed. Consequently, when the piggery was not closed down,
the Sub Divisional Magistrate issued Ext.P12 order dated 5.8.2010
calling upon the petitioners to obey Ext.P9 order passed by him by
W.P(C).No.26814 of 2010
-:2:-
closing down the piggery. In this writ petition, the only relief
sought is to quash Exts.P9, P10 and P12 orders. In my opinion, if
the petitioners are aggrieved by Exts.P9 and P10 orders their
remedy is to challenge the same by filing an appropriate petition
under section 482 of the Code of Criminal Procedure. The
petitioners cannot, in my opinion, canvass the correctness of
Exts.P9 and P10 orders by filing a writ petition under Article 226
of the Constitution of India.
The writ petition accordingly fails and is dismissed without
prejudice to the right of the petitioners to file a petition under
section 482 of the Code of Criminal Procedure canvassing the
correctness of Exts.P9 and P10 orders.
P.N.RAVINDRAN,
Judge.
ahg.
P.N.RAVINDRAN, J.
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W.P(C).No.26814 of 2010
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JUDGMENT
13th September, 2010
