Kerala High Court
Radhakrishnan Cm vs State Of Kerala on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
CRL.MC NO. 6157 OF 2022
AGAINST THE ORDER/JUDGMENT MC 14/2022 OF SUB DIVISIONAL
MAGISTRATE, THRISSUR
PETITIONER/S:
1 THE PRESIDENT KERALA PADANNA MAHASABHA
CHAVAKKAD TALUK COMMITTEE (PADINJARE DIVISION)
TALIKKULAM P.O., THRISSUR DISTRICT, PIN - 680569
2 THE SECRETARY KERALA PADANNA MAHASABHA
CHAVAKKAD TALUK COMMITTEE (PADINJARE DIVISION)
TALIKKULAM P.O., THRISSUR DISTRICT
(WRONGLY SHOWN AS GENERAL SECRETARY IN THE IMPUGNED
ORDER), PIN - 680569
BY ADV P.RAMACHANDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM - 682 031, PIN - 682031
2 THE SUB DIVISIONAL MAGISTRATE
THRISSUR CIVIL STATION,
AYYANTHOLE, THRISSUR, PIN - 680003
3 THE VILLAGE OFFICER
NATTIKA VILLAGE, NATTIKA P.O.,
THRISSUR DISTRICT, PIN - 680566
4 THE STATION HOUSE OFFICER
VALAPPAD POLICE STATION, VALAPPAD P.O,
THRISSUR DISTRICT, PIN - 680567
5 THE PRESIDENT KERALA PADANNA MAHASABHA
STATE COMMITTEE TALIKKULAM P.O.,
THRISSUR DISTRICT, PIN - 680569
CRL.MC NOs. 6157 & 2833 OF 2022
2
6 THE GENERAL SECRETARY
KERALA PADANNA MAHASABHA
STATE COMMITTEE TALIKKULAM P.O.,
THRISSUR DISTRICT, PIN - 680569
BY ADVS.
VINOD VALLIKAPPAN
S.SUMITHA(K/86/2010)
SMT, NEEMA T V, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH Crl.MC.2833/2022, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NOs. 6157 & 2833 OF 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
CRL.MC NO. 2833 OF 2022
PETITIONER/S:
RADHAKRISHNAN CM
AGED 57 YEARS
GENERAL SECRETARY,
KERALA PADANNA MAHASABHA STATE COMMITTEE,
RESIDING AT CHEMPOORI HOUSE, NEDUPUZHA POST,
THRISSUR -680007,, PIN - 680007
BY ADVS.
S.SUMITHA
VINOD VALLIKAPPAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE SUB DIVISIONAL MAGISTRATE
OFFICE OF THE SUB DIVISIONAL MAGISTRATE,
CIVIL STATION, AYYANTHOLE, THRISSUR, PIN - 680003
3 VILLAGE OFFICER
NATTIKA VILLAGE OFFICE,
NATTIKA P.O THRISSUR, PIN - 680566
4 STATION HOUSE OFFICER
VALAPAD POLICE STATION, VALAPAD POST,
THRISSUR, KERALA, PIN - 680567
CRL.MC NOs. 6157 & 2833 OF 2022
4
5 PRESIDENT
KERALA PADANNA MAHASABHA CHAVAKKAD TALUK COMMITTEE
(PADINJARE DIVISION), PIN - 680569
6 GENERAL SECRETARY
KERALA PADANNA MAHASABHA CHAVAKKAD TALUK
COMMITTEE(PADINJARE DIVISION), PIN - 680569
BY ADVS.
PUBLIC PROSECUTOR
P.RAMACHANDRAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.08.2023, ALONG WITH Crl.MC.6157/2022, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NOs. 6157 & 2833 OF 2022
5
ORDER
These petitions have been filed challenging the order dated
31.03.2022 of the Sub Divisional Magistrate, Thrissur.
2. By the order impugned, buildings in respect of which the
disputes have arisen between two factions have been attached and
entrusted with the Village Officer, Nattika, for management until further
orders.
3. When the matter was taken up for consideration, Sri. S.
Sumitha, the learned counsel appearing for the petitioner in Crl.M.C. No.
2833/2022 and Sri. Ramachandran, the learned counsel appearing for
the petitioner in 6157/2022 submitted that this Court had granted an
interim order. This Court at the time of admission had ordered the
maintenance of status quo by both sides. It is submitted that the
limited request is to issue directions to the Sub Divisional Magistrate to
expedite the proceedings and take the matter to its logical conclusion.
4. The learned Public Prosecutor submits that there cannot be
any impediment in finalising the matter.
CRL.MC NOs. 6157 & 2833 OF 2022
5. In that view of the matter, this petition is disposed of, directing
the Sub Divisional Magistrate, Thrissur to finalise the proceedings in M.C.
No. 14/2022 expeditiously, with notice to both sides, in any event, within
a period of six months, from the date of production of a copy of this
order.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
CRL.MC NOs. 6157 & 2833 OF 2022
APPENDIX OF CRL.MC 2833/2022
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 23-12-2010 ISSUED BY THE REGISTRAR OF
SOCIETIES THRISSUR
Annexure A2 A TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICE NATTIKA DATED
04-10-2016
Annexure A3 A TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 26.08.2017 ISSUED BY THE NATTIKA
GRAMA PANCHAYATH
Annexure A4 THE TRUE COPY OF THE NOTICE DATED
07-01-2022
Annexure A5 THE TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 31-03-2022
Annexure A6 A TRUE COPY OF THE NOTICE DATED 22-04-2022
OF THE 3RD RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE-R5(A) TRUE COPY OF THE COMPLAINT DATED 15.09.2021
BY THE RESPONDENTS 5 AND 6 HEREIN BEFORE
THE REGISTRAR GENERAL, THRISSUR
ANNEXURE-R5(B) TRUE COPY OF THE LETTER DATED 11.10.2021 BY
THE DISTRICT REGISTRAR (GENERAL) TO THE
PETITIONER HEREIN
ANNEXURE-R5(C) TRUE COPY OF THE LETTER DATED 15.02.2022 BY
THE DISTRICT REGISTRAR (GENERAL) TO THE
PETITIONER
CRL.MC NOs. 6157 & 2833 OF 2022
ANNEXURE-R5(D) TRUE COPY OF THE LETTER DATED 11.03.2022
FROM THE DISTRICT REGISTRAR (GENERAL),
THRISSUR TO C.M. RADHAKRISHNAN, WHO IS THE
PETITIONER IN THIS CRL.M.C
ANNEXURE-R5(E) TRUE COPY OF THE BYE- LAW OF THE KERALA
PADANNA MAHASABHA
ANNEXURE-R5(F) TRUE COPY OF THE COMPLAINT BY THE 6TH
RESPONDENT BEFORE THE DISTRICT
REGISTRAR(GENERAL), THRISSUR ALONG WITH THE
ACKNOWLEDGEMENT RECEIPT
ANNEXURE-R5(G) TRUE COPY OF THE CERTIFICATE DATED
06.06.2022 BEARING NO.TSR/TC/248/2022
ISSUED BY THE SOCIETY REGISTRAR
ANNEXURE-R5(H) TRUE COPY OF THE CERTIFICATE DATED
12.04.2022 BEARING NO. SC4/203/2022 ISSUED
BY SECRETARY, NATTIKA GRAMA PANCHAYATH
ANNEXURE-R5(I) TRUE COPY OF THE PRELIMINARY ORDER DATED
03.03.2022 OF THE 2ND RESPONDENT WITH THE
ENDORSEMENT OF SUB INSPECTOR OF POLICE,
VALAPPAD POLICE STATION
ANNEXURE-R5(J) TRUE COPY OF THE LIST OF DOCUMENTS DATED
11.02.2022 SUBMITTED BY THESE RESPONDENTS
IN D2.2529/2021 BEFORE THE SUB DIVISONAL
MAGISTRATE, THRISSUR
CRL.MC NOs. 6157 & 2833 OF 2022
APPENDIX OF CRL.MC 6157/2022
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE BYE- LAW OF THE KERALA PADANNA
MAHASABHA
Annexure II TRUE COPY OF THE CERTIFICATE OF REGISTRATION
BEARING NO.310/1981 ISSUED BY THE REGISTRAR OF
SOCIETIES, THRISSUR
Annexure III TRUE COPY OF THE CERTIFICATE DATED 06.06.2022
BEARING NO.TSR/TC/248/2022 ISSUED BY THE SOCIETY
REGISTRAR
Annexure-IV TRUE COPY OF THE BUILDING PERMIT DATED 28.10.2016
ISSUED BY THE SECRETARY, NATTIKA GRAMA PANCHAYATH
Annexure-V TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED
11.04.2022, BEARING NOS.5075801/486/2022 ISSUED BY
THE NATTIKA GRAMA PANCHAYATH
Annexure-VI TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED
11.04.2022, BEARING NO.5075801/483/2022 ISSUED BY
THE NATTIKA GRAMA PANCHAYATH
Annexure- VII TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED
11.04.2022, BEARING NO.5075801/484/2022 ISSUED BY
THE NATTIKA GRAMA PANCHAYATH
Annexure-VIII TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED
11.04.2022, BEARING NO.5075801/485/2022 ISSUED BY
THE NATTIKA GRAMA PANCHAYATH
Annexure-IX TRUE COPY OF THE RECEIPT ISSUED BY THE SECRETARY,
NATTIKA GRAMA PANCHAYATH FOR THE PAYMENT OF
PROPERTY TAX FOR THE PERIOD 2019-2020 IN RESPECT OF
THE SHOP ROOM BEARING NO. 6/70-A
CRL.MC NOs. 6157 & 2833 OF 2022
Annexure-IX(a) TRUE COPY OF THE RECEIPT ISSUED BY THE SECRETARY,
NATTIKA GRAMA PANCHAYATH FOR THE PAYMENT OF
PROPERTY TAX FOR THE PERIOD 2019-2020 IN RESPECT OF
THE SHOP ROOM BEARING NO. 6/70-B
Annexure-IX TRUE COPY OF THE RECEIPT ISSUED BY THE SECRETARY,
(b) NATTIKA GRAMA PANCHAYATH FOR THE PAYMENT OF
PROPERTY TAX FOR THE PERIOD 2019-2020 IN RESPECT OF
THE SHOP ROOM BEARING NO. 6/70-C
Annexure-IX(c) TRUE COPY OF THE RECEIPT ISSUED BY THE SECRETARY,
NATTIKA GRAMA PANCHAYATH FOR THE PAYMENT OF
PROPERTY TAX FOR THE PERIOD 2019-2020 IN RESPECT OF
THE SHOP ROOM BEARING NO. 6/70-D
Annexure-X TRUE COPY OF THE LAND TAX RECEIPT DATED 12.04.2021
FOR THE PERIOD 2021-2022 ISSUED BY THE VILLAGE
FIELD ASSISTANT, VILLAGE OFFICE, NATTIKA
Annexure -XI TRUE COPY OF THE CERTIFICATE DATED 12.04.2022
BEARING NO. SC4/203/2022 ISSUED BY SECRETARY,
NATTIKA GRAMA PANCHAYATH
Annexure -XII TRUE COPY OF THE COMPLAINT DATED 15.09.2021 BY THE
PETITIONERS HEREIN BEFORE THE REGISTRAR GENERAL,
THRISSUR
Annexure-XIII TRUE COPY OF THE LETTER DATED 11.10.2021 BY THE
DISTRICT REGISTRAR (GENERAL) TO C.M. RADHAKRISHNAN
Annexure-XIV TRUE COPY OF THE LETTER DATED 15.02.2022 BY THE
DISTRICT REGISTRAR (GENERAL) TO C.M. RADHAKRISHNAN
Annexure-XV TRUE COPY OF THE LETTER DATED 11.03.2022 FROM THE
DISTRICT REGISTRAR (GENERAL), THRISSUR TO C.M.
RADHAKRISHNAN
Annexure -XVI TRUE COPY OF THE ORDER DATED 31.03.2022 IN
M.C.14/2022 BEFORE THE SUB DIVISIONAL MAGISTRATE,
THRISSUR
CRL.MC NOs. 6157 & 2833 OF 2022
Annexure-XVII TRUE COPY OF THE NOTICE DATED 22.04.2022 ISSUED BY
THE VILLAGE OFFICER, NATTIKA
Annexure-XVIII TRUE COPY OF THE LIST OF DOCUMENTS DATED 11.02.2022
SUBMITTED BY THE PETITIONERS HEREIN IN D2.2529/2021
BEFORE THE SUB DIVISIONAL MAGISTRATE, THRISSUR
Annexure22-XIX TRUE COPY OF THE COMPLAINT DATED 14.08.2022 BY THE
PETITIONERS BEFORE THE CIRCLE INSPECTOR OF POLICE,
VALAPPAD POLICE STATION WITH THE ACKNOWLEDGEMENT
