IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 979 of 2007(N)
1. RESMI PILLAI, PROPRIETOR,
... Petitioner
Vs
1. REVENUE DIVISIONAL OFFDICER
... Respondent
2. TAHSILDAR/EXECUTIVE MAGISTRATE,
3. CIRCLE INSPECTOR OF POLICE,
4. V. SUNIL, ADVOCATE,
5. V. ANIL, KUNNATH HOUSE,
6. MOHANAN PILLAI, KOKKARIKKAL
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent :SRI.P.B.SAHASRANAMAN
The Hon'ble MR. Justice R.BASANT
Dated :19/02/2007
O R D E R
R. BASANT, J.
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W.P.C.Nos. 979 & 3607 of 2007
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Dated this the 14th day of February, 2007
JUDGMENT
These writ petitions have been filed by the rival contestants and
the subject matter is the same. The Tahsildar/ Executive Magistrate
had passed an order dt. 29.12.2006, which is produced as Ext.P3 in
W.P.C. 979 of 2007. The petitioner in W.P.C. 3607 of 2007
contends that the said order is without any merit and is not legally
sustainable. The petitioner in W.P.C. No.979 of 2007 prays that there
may be a direction to the officials concerned to implement the said
order dt. 29.12.2006.
2. The learned Prosecutor was directed to take instructions
and explain to the Court the nature and scope of Ext.P3. The learned
Prosecutor, after taking instructions, submits that the respondents/
officials have no intention of putting into execution Ext.P3 order
dt.29.12.2006 in as much as it cannot be reckoned as an order passed
under the provisions of Chapter X B of Cr.P.C. The learned
Prosecutor fairly submits that the same cannot be reckoned as a
W.P.C.Nos. 979 & 3607 of 2007
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conditional order passed under Section 133 or an injunction pending
enquiry passed under Section 142 Cr.P.C.
3. The learned Prosecutor further submits that the Sub Divisional
Magistrate, Kollam has now initiated M.C.No. 10 of 2007 and has passed a
conditional order dt. 12.2.2007 in the matter. The conditional order is
initiated on the basis of the petition submitted by the petitioner in W.P.C.
979 of 2007. The conditional order obliges the three respondents therein,
which include the petitioner in W.P.C.No. 3607 of 2007, to remove
obstruction under Section 133 Cr.P.C. or in the alternative to appear and
show cause. The Sub Divisional Magistrate undertakes that the order
dt.29.12.2006 shall not be enforced as an order passed under Section 133,
138 or 142 Cr.P.C. The parties may be directed to appear before the
learned Magistrate and co-operate with the enquiry which has been
initiated under Chapter X B of Cr.P.C.
3. I am satisfied that the said request can be accepted, it having been
undertaken that the order dt. 29.12.2006 will not be executed and is not to
be reckoned as an order passed under any provisions of Chapter X B
Cr.P.C., no further directions are necessary.
W.P.C.Nos. 979 & 3607 of 2007
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4. These writ petitions are dismissed with the further direction that
the parties shall abide by the orders to be passed in the proceedings initiated
under Chapter X B of Cr.P.C.
(R. BASANT)
Judge
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