Mathew vs Kochudevassy
2021 Latest Caselaw 5935 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                    Crl.MC.No.1589 OF 2020(G)

  AGAINST THE ORDER/JUDGMENT IN CRRP 43/2014 DATED 30-09-2019 OF
     ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR

AGAINST THE ORDER/JUDGMENT IN MC 329/2003 DATED 27-06-2014 OF SUB
                  DIVISIONAL MAGISTRATE,THRISUR


PETITIONER/REVISION PETITIONER:

             MATHEW
             AGED 75 YEARS
             S/O.KANNANAIKKAL DEVASSYKUTTY, KAKKASSERY DESOM,
             BRAHMAKULAM AMSOM, CHAVAKKAD TALUK, THRISSUR-680511.

             BY ADVS.
             SRI.THIYYANNOOR RAMAKRISHNAN
             SMT.AMBIKA RADHAKRISHNAN
             SRI.ARUN KUMAR.P

RESPONDENTS/RESPONDENTS/STATE:

      1      KOCHUDEVASSY
             AGED 68 YEARS
             S/O.KUNDUKULANGARA KOCHAPPAN,
             KAKKASSERY DESOM, BRAHMAKULAM AMSOM,
             CHAVAKKAD TALUK, THRISSUR-680511.

      2      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

             R1 BY ADV. SRI.G.SREEKUMAR (CHELUR)
             R2 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD            ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1589 OF 2020(G

                            2




                        ORDER

The learned counsel for the petitioner

fairly submitted that the petitioner passed

away. Hence, the Crl.M.C. has become

infructuous.

The Crl.M.C. is dismissed as infructuous.

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.1589 OF 2020(G

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE PETITION FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE SUB DIVISIONAL MAGISTRATE, THRISSUR IN MC.NO.329/2003.

ANNEXURE 2 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER HEREIN IN M.C.NO.329/2003 BEFORE THE SUB DIVISIONAL MAGSITRATE, THRISSUR.

ANNEXURE 3 TRUE COPY OF THE WITNESS DEPOSITION OF THE 1ST RESPONDENT HEREIN AS PW1 BEFORE THE SUB DIVISIONAL MAGISTRATE, THRISSUR.

ANNEXURE 4 TRUE COPY OF THE WITNESS DEPOSITION OF THE PETITIONER HEREIN AS CPW1 ARE PRODUCED HEREWITH AND MARKED AS AND RESPECTIVELY.

ANNEXURE 5 TRUE COPY OF THE ORDER OF THE SUB DIVISIONAL MAGISTRATE, THRISSUR IN M.C.NO.329/2003 DATED 27.6.2014.

ANNEXURE 6 TRUE COPY OF THE JUDGMENT IN CRL.R.P.NO.43/2014 DATED 30.9.2019 ON THE FILE OF IV ADDL. SESSIONS JUDGE, THRISSUR.

ANNEXURE 7 TRUE COPY OF THE REPORT OF THE TAHASILDAR, CHAVAKKAD DATED 28.6.2013 BEARING NO.C2.9024/13.

ANNEXURE 8 TRUE COPY OF THE OBJECTION DATED 1.11.2013 FILED BY THE PETITIONER AGAINST ANNEXURE-7 REPORT.

ANNEXURE 9 PHOTOGRAPH SHOWING THE LIE AND LOCATION OF THE 1ST RESPONDENT'S SHED, COCONUT TEES BELONGING TO THE PETITIONER, PANCHAYAT ROAD AND HOUSE OF THE 1ST RESPONDENT.

ANNEXURE 9(A) PHOTOGRAPH SHOWING THE LIE AND LOCATION OF THE 1ST RESPONDENT'S Crl.MC.No.1589 OF 2020(G

SHED, COCONUT TEES BELONGING TO THE PETITIONER, PANCHAYAT ROAD AND HOUSE OF THE 1ST RESPONDENT.

ANNEXURE 9(B) PHOTOGRAPH SHOWING THE LIE AND LOCATION OF THE 1ST RESPONDENT'S SHED, COCONUT TEES BELONGING TO THE PETITIONER, PANCHAYAT ROAD AND HOUSE OF THE 1ST RESPONDENT.

ANNEXURE 9(C) PHOTOGRAPH SHOWING THE LIE AND LOCATION OF THE 1ST RESPONDENT'S SHED, COCONUT TEES BELONGING TO THE PETITIONER, PANCHAYAT ROAD AND HOUSE OF THE 1ST RESPONDENT.

ANNEXURE 9(D) PHOTOGRAPH SHOWING THE LIE AND LOCATION OF THE 1ST RESPONDENT'S SHED, COCONUT TEES BELONGING TO THE PETITIONER, PANCHAYAT ROAD AND HOUSE OF THE 1ST RESPONDENT.

//TRUE COPY//

PA TO JUDGE