High Court of KeralaCrl.MC/3950/2015disposed of

Jacob v. Revenue Divisional Officer

2015-07-22Honourable Mr. Justice Alexander Thomas4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 Crl.MC.No. 3950 of 2015 ---------------------------------- COMPLAINT NO 1599/2015 of SUB DIVISIONAL MAGISTRATE, ALAPPUZHA, DATED 08-04-2015 -------------------- PETITIONER(S):

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1. JACOB, AGED 62 YEARS, S/O. VARGHESE, PANACKAL HOUSE, WARD NO.12, PUNNAPRA PO, PARAVOOR NORTH, ALAPPUZHA.

2. PONNAAPPAS, AGED 49 YEARS, S/O. MANZAR, KOTTAPARAMBU HOUSE, PONNAPRA PO, WARD NO, 12, PONNAPRA NORTH PANCHAYATH, ALAPPUZHA.

BY ADV. SRI.MATHEW JAMES RESPONDENT(S):

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1. REVENUE DIVISIONAL OFFICER, & SUB DIVISIONAL MAGISTRATE, ALAPPUZHA 688001.

2. FRANCIS @ RAJU, AGED 60 YEARS, S/O. MARZAL, , KOLLAPARAMBU HOUSE, PUNNAPRA PO, WARD NO.12, PUNNAPRA NORTH PANCHAYATH, ALAPPUZHA 688014.

3. OUSEPH,S/O. SOLOMON, AGED 40 YEARS, KOLLAPARAMBU HOUSE, PUNNAPRA PO, WARDE NO.12 PUNNAPRA PANCHAYATH, ALAPPUZHA 688014.

R1 BY PUBLIC PROSECUTOR SRI.GITHESH. R.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 3950 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE 1: TRUE COPY OF THE SAID COMPLAINT DATED 20.2.2015 SUBMITTED BY PETITIONERS AND OTHER LOCAL RESIDENTS BEFORE THE 1ST RESPONDENTS ANNEXURE : TRUE COPY OF THE ORDER DATED 8.4.2015 IN COMPLAINT NO. 1599/15/F RESPONDENT(S)' ANNEXURE ------------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3950 of 2015 ================== Dated this the 22nd day of July, 2015

O R D E R

The prayer in the Crl.M.C. is as follows:

"..... to direct the 1st respondent to consider and dispose of Annexure 1 pending before him in a time bound manner." 2.

Heard Sri.Mathew James, learned counsel for the petitioners and the learned Public Prosecutor appearing for the 1st respondent. In the nature of the order that is proposed to be passed in this Crl.M.C., notice to respondents 2 and 3 is dispensed with in these proceedings.

In the facts and circumstances of this case, it is ordered in the interest of justice that in case Anx.1 petition dated 20.2.2015 submitted by the two petitioners herein and 13 others, is still pending consideration before the 1st respondent R.D.O. (Sub Divisional Magistrate, Alappuzha), then the 1st respondent shall take up Anx.1 petition dated 20.2.2015 for consideration immediately and after giving reasonable opportunity of hearing to the petitioners herein, contesting respondents 2 & 3 and any other affected parties

Crl.M.C.3950/15 - : 2 :- and take a decision thereon within one month from the date of production of a certified copy of this order. The decision so taken shall be duly communicated to the petitioners by registered speed post. It is also made clear that, if, on the other hand, formal orders on Anx.1 petition have already been passed by the 1st respondent after reasonable opportunity of hearing to the petitioners and other affected parties, then it shall be ensured that the 1st respondent will forward a copy of the formal orders passed in that regard to the petitioners by registered speed post.

With these observations and directions, the Crl.M.C. stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge