IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23301 of 2010(Q)
1. NARAYANAN, AGED 55 YEARS,
... Petitioner
Vs
1. REVENUE DIVISIONAL OFFICER, THRISSUR,
... Respondent
2. THAMPI, THOLOTH HOUSE,
For Petitioner :SRI.RAJIT
For Respondent :SRI.A.X.VARGHESE
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :04/10/2010
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.23301 of 2010 Q
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JUDGMENT
By Exhibit P3 order passed under Section 133 of
Code of Criminal Procedure, Sub Divisional
Magistrate, Thrissur directed second respondent to
appear and show cause why the conditional order
shall not be made absolute. Second respondent
appeared and submitted his explanation. This
petition is filed under Article 226 of Constitution
of India for a writ of mandamus directing the Sub
Divisional Magistrate to take immediate action
pursuant to Exhibit P3 order.
2. Exhibit P3 order was passed on 8.3.2010 on
satisfying that the coconut trees standing in the
property of the second respondent are slanting
towards the house of the petitioner and it causes
danger to the life of the inmates of the house.
In such circumstances, the petition is disposed
directing Sub Divisional Magistrate, Thrissur to
WPC 23301/10 2
pass final order under Section 138 of Code of
Criminal Procedure, following the procedure
provided under the Code, as expeditiously as
possible, at any rate, within three months from the
date of receipt of a copy of this judgment.
4th October, 2010 (M.Sasidharan Nambiar, Judge)
tkv