SHEREEF C.M. Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: The petitioner is doing agricultural activities in Amayil Padasekharam, in Alankode Village, The respondents 4 and 5 blocked the way and free flow of water of the Padasekharam. A mass petition was preferred in this regard before the 1 st respondent and a proceeding under Section 133 of Cr.P.C. was initiated against the respondents 4 and 5. The respondents 4 and 5 approached this Court and obtained a direction to the 1 st respondent to finalize the proceedings within a time frame. Since the direction, the 1st respondent closed the proceeding under Section 133 of Cr.P.C., without considering its merits. Therefore, the petitioner preferred a representation to rehear the matter and to reconsider the proceedings on its merits. Since there is no positive result on the above representation, the petitioner approached this Court by filing this writ petition. It is in the light of the above averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers :

(2.) Heard Sri. C.M. Mohammed Iquabal, learned counsel appearing for the petitioner and Sri. K.J. Manu Raj, the learned Government Pleader appearing for the respondents 1 to 3. In the nature of the order proposed to be passed, notice to contesting respondent nos. 4 and 5 will stand dispensed with.

(3.) Taking note of the facts and circumstances of the case and without getting into the merits of a controversy in any manner, it is ordered that the 1 st respondent will take up the matter raised in Ext.P10 representation dated 06.06.2020, and after affording reasonable opportunity of being heard to the petitioner, as well as the contesting respondents 4 and 5 and may take a considered decision so as to pass orders to dispose of Ext.P10 representation without much delay preferably within a period of six weeks from the date of production of certified copy of this judgment .