Latha Antharjanam vs Sub Divisional Magistrate
2021 Latest Caselaw 23626 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                       WP(C) NO. 26236 OF 2021
PETITIONERS:

    1     LATHA ANTHARJANAM,
          AGED 54 YEARS,
          D/O. VASUDEVAN POTTY,
          MADAMANA ILLOM, KRWA 101,
          KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O., KOCHI-682 032

    2     SHALEEJA.K.S.,
          AGED 46 YEARS,
          D/O. LATE SHANMUGHAN K.A., KUYILATH HOUSE,
          KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O., KOCHI-682 032

    3     ANWAR P.P.,
          AGED 42 YEARS,
          S/O. PAREEKUNJU, POOVATHUMVEETTIL,
          KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O., KOCHI-682 032

    4     NADIRSHA.T.E.,
          AGED 50 YEARS,
          S/O. EBRAHIM, THATTAMPARAMBU HOUSE,
          KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O., KOCHI-682 032

    5     BABURAJ.K.S.,
          AGED 54 YEARS,
          S/O. SREDHARAN, CHATHOLIPARAMBU,
          KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O., KOCHI-682 032

    6     RAJAN.T.K.,
          AGED 75 YEARS,
          S/O. KRISHNAN, THOPPIL HOUSE,
          KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O., KOCHI-682 032

    7     AJUMAL.P.P.,
          AGED 44 YEARS,S/O. PAREEKUTTY,
          PADINJAREVEEDU, KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O., KOCHI-682 032
 WP(C).No.26236/2021

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    8     HAROON,
          AGED 58 YEARS,
          THATTAMPARAMBU, KUTHAPPADY TEMPLE ROAD,
          THAMMANAM P.O.,
          ERNAKULAM DISTRICT, KOCHI-682 032

    9     SAJI,
          AGED 49 YEARS,
          KUYILATH HOUSE, THAMMANAM P.O.,
          KUTHAPPADY TEMPLE ROAD,
          ERNAKULAM DISTRICT, KOCHI-682 032

    10    MANOJ,
          AGED 42 YEARS,
          AYILYAM, THAMMANAM P.O.,
          KUTHAPPADY TEMPLE ROAD,
          ERNAKULAM DISTRICT, KOCHI-682 032

    11    DILEEP,
          AGED 43 YEARS,
          PROPRIETOR, S.N.TRAVELS, THAMMANAM P.O.,
          ERNAKULAM DISTRICT, KOCHI-682 032

          BY ADVS.
          K.R.VINOD
          M.S.LETHA
          K.S.SREEREKHA


RESPONDENT:

          SUB DIVISIONAL MAGISTRATE,
          FORT KOCHI,
          KOCHI, PIN-682 001

          SMT.VINITHA B, SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26236/2021

                                     3




                              JUDGMENT

Dated this the 30th day of November, 2021

The petitioners seeks to direct the respondent to

post Exts.P1 and P2 petitions for the admission hearing and

pass necessary orders on those petitions forthwith, after

providing an opportunity of hearing to the petitioner.

2. The petitioners are involved in proceedings under

Section 133 of the Code of Criminal Procedure. The

petitioners filed Exts.P1 and P2 petitions before the

respondent. Even though the petitions have been filed on

26.10.2021, the petitions have not been posted for admission

or hearing so far, inspite of the repeated request of the

petitioners, contends the petitioners. The delay in considering

the petitions has adverse consequence on the petitioners. It is WP(C).No.26236/2021

in such circumstances that the petitioners are before this

Court.

3. I have heard the learned counsel for the petitioners

and the learned Senior Government Pleader representing the

respondent.

4. Ext.P1 petition has been filed by the petitioners

invoking Section 133 of the Code of Criminal Procedure

whereas, Ext.P2 has been filed Under 142 of the Code of

Criminal Procedure. These are applications having statutory

flavour and in the ordinary course, the competent authority has

to consider these applications within a reasonable time and

pass orders thereon. The learned Senior Government Pleader

would submit that the concerned office of the respondent is

flooded with certain works relating to the Kerala Conservation

of Paddy land and Wetland Act, 2008 and that is the reason for

delay in considering the applications. This Court is of the view

that when the petitioners have made statutory applications, the

respondent has to consider it within a reasonable period, WP(C).No.26236/2021

whatever be the work load in the office.

5. After hearing the matter for considerable time, this

Court is of the view that the writ petition can be disposed of

directing the respondent to consider Ext.P2 petition, within a

time frame.

Accordingly, the writ petition is disposed of directing

the respondent to consider Ext.P2 petition filed by the

petitioners under Section 142 of the Code of Criminal

Procedure, within a period of four weeks.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.26236/2021

APPENDIX OF WP(C) 26236/2021

PETITIONER'S EXHIBITS:

Exhibit P1 THE COPY OF THE PETITION FILED BEFORE THE RESPONDENT SEEKING RELIEF U/S. 133 OF THE CODE OF CRIMINAL PROCEDURE Exhibit P2 THE COPY OF THE PETITION FILED BEFORE THE RESPONDENT U/S 142 OF THE CODE OF CRIMINAL PROCEDURE