IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37383 of 2007(A)
1. K.P.MADHAVAN PILLAI,
... Petitioner
Vs
1. THE REVENUE DIVISIONAL OFFICER,
... Respondent
2. PRABHAKARAN PILLAY,
For Petitioner :SRI.N.SUBRAMANIAM
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice R.BASANT
Dated :26/08/2008
O R D E R
R.BASANT, J
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W.P(C).No.37383 of 2007
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Dated this the 26th day of August, 2008
J U D G M E N T
Petitioner had come to this Court with a grievance that the
final order passed in proceedings under Chapter XB of the Code
of Criminal Procedure and under Section 138 Cr.P.C is not being
executed by the authorities. Report was called for and it is now
reported and very evident that the order, non execution of which
is complained of, has been set aside by the learned Sessions
Judge, Pathanamthitta as per order dt.3.3.2000 in Revision
Petition No.25 of 1994. It was then pointed out that if such an
order has been passed by the court of revision, the matter must
be disposed of afresh by the Sub Divisional Magistrate.
2. The learned counsel for the petitioner submits that
now the Sub Divisional Magistrate has already disposed of the
M.C as per order dated 09.07.2008. Thus M.C.No.90 of 1993,
pending before the Sub Divisional Magistrate, Adoor, has now
been disposed of against the petitioner.
W.P(C).No.37383 of 2007 2
3. The learned counsel for the petitioner now submits
that no further directions are, in these circumstances, necessary
in this Writ Petition and this Writ Petition may now be closed
without prejudice to the right of the petitioner to assail the said
order dt.09.07.08 in M.C.No.90 of 1993. The request is
accepted.
4. This Writ Petition is, in these circumstances,
dismissed. I make it clear that there shall be no fetter on the
right of the petitioner to challenge the said order dated 09.07.08
in M.C.No.90 of 1993, on account of the dismissal of this Writ
Petition.
(R.BASANT, JUDGE)
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W.P(C).No.37383 of 2007 3
R.BASANT, J
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W.P(C).No.37383 of 2007
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Dated this the 18th day of December, 2007
ORDER
The short grievance of the petitioner is that the conditional
order Ext.P3, which was later made absolute by Ext.P4 order by
the 1st respondent, is not being executed in spite of the repeated
request of the petitioner.
2. Notice given. The learned Public Prosecutor shall take
instructions from the 1st respondent. Have Exts.P6, P8 and P9
been received ? If so, what, if any, is the action taken on such
petitions ? I need only mention that I expect the learned Sub
Divisional Magistrate to take appropriate action expeditiously for
execution of the order passed-Ext.P4, unless there be any legal
impediment for the same.
Furnish a copy of this order to the learned Public
Prosecutor.
(R.BASANT, JUDGE)
W.P(C).No.37383 of 2007 4
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