KOSHY KOSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) A preliminary order dated 5-3-1975 passed in M.C. 13/75 initiating proceedings under S.145 of the Code of Criminal Procedure Code, attaching the properties concerned and appointing the village officer, Venmony as the court agent in respect of the properties is sought to be quashed in this original petition.

(2.) The petitioner is said to be in possession of the properties concerned. He has taken proceedings under S.72B of the Kerala Land Reforms Act (shortly stated the Act) for purchasing the right, title and interest of the land owner on whose behalf, in the meanwhile, a suit has been filed in the Munsiff's court for declaration of his title and possession. In the suit on the petitioner's contention, an issue was raised whether the petitioner is a cultivating tenant or not. The said issue has been referred to the Land Tribunal under S.125(3) of the Act.

(3.) While the matter is thus seized by the Land Tribunal, petitioner received the preliminary order in the proceedings under S.145 Cr.P. C. Though the petitioner immediately is alleged to have moved the Executive First Class Magistrate bringing to his notice the existence of the proceedings under the Act, the learned Magistrate has not cared to vacate the preliminary order passed by him marked in this proceedings as Ext. P4. Therefore this writ proceedings has been filed seeking to quash the same.