JOSE E S Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER alleging that respondents 2 and 3 have caused obstruction to a public road being used by petitioner and other members of the locality filed Annexure-1 petition before the Sub Divisional Magistrate, Kochi under Section 133 of the Code of Criminal Procedure. The Sub Divisional Magistrate obtained report of the Village Officer (Ext.P3). The Sub Divisional Magistrate conducted hearing of the case on 24th, 25th and 26th of February, 2011. But no order was passed, not even the petition was numbered and instead the petition is posted on 8.3.2011 for hearing, it is complained by the petitioner. In the mean time, respondents 2 and 3 are engaged in closing down the (disputed) road making it unusable for the public. Hence this petition seeking direction to the Sub Divisional Magistrate to dispose of the petition as early as possible as provided under law and to direct maintenance of status quo with respect to the disputed road.

(2.) I have heard learned counsel for petitioner, respondents 2 and 3 and the learned Public Prosecutor who took notice for respondent No.1.

(3.) HAVING regard to the urgency stated by the petitioner, it is only appropriate that the Sub Divisional Magistrate advances hearing of the petition to a day within ten days from this day with notice to all parties concerned. The Sub Divisional Magistrate may consider the petition and pass appropriate orders as provided under law and as circumstances warranted. This petition is disposed of directing the Sub Divisional Magistrate, Kochi to advance hearing of Ext.P1, petition to a day within ten days from this day and take appropriate action in the matter, if any required and as provided under law as expeditiously as possible. It is directed that until the Sub Divisional Magistrate takes up the matter within the said period of ten days, respondents 2 and 3 shall not cause any obstruction to the use of the disputed way by the public.