This Criminal Miscellaneous Case is filed by the petitioner for issuing a direction to the 4th respondent to dispose of proceedings No.D1 2668/12 pending before him within a time frame under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'.) 2. It is alleged in the petition that the first respondent had constructed a compound wall by trespassing into the pathway and reduced its width and so the petitioner filed a petition before the Sub Divisional Magistrate, Kozhikode under Section 133 of the Code and a conditional order was issued by the Sub Divisional Magistrate and thereafter it was made over to the 4th respondent for disposal. Though the case was pending before the 4th respondent for a long period, no attempt has been made for the disposal of the case. So the petitioner has no other remedy except to approach this Court seeking the following reliefs:
a. Direct the 4th respondent to take a final decision in the proceedings covered by Aannexure 3,4 and 5 in accordance with law within a shortest time frame;
b. Issue such other orders or directions that this Hon'ble Court may deem fit and proper in the facts of this case.
3. Considering the nature of reliefs claimed in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor appearing for respondents 2 to 5 and after getting a report from the 4th respondent regarding the stage of the case dispensing with notice to the 1st respondent.
4. Accordingly, a report has been called for from the 4th respondent and the 4th respondent submitted a report which reads as follows:
“Kind attention is invited to the reference cited. Smt.Kamala Palichery, the petitioner in Crl.MC.No.2098/14 submitted a petition before the Sub Divisional Magistrate, Kozhikode regarding the obstruction of pathway in Naduvannur Village in Koyilandy Taluk in Kozhikode District. The Sub Divisional Magistrate considered the matter and dealt the case u/s.133 of CR.P.C and issued a conditional order directing the respondent Asokan Palichery to remove the obstruction from the pathway or to appear before the Tahsildar and Executive Magistrate, Koyilandy and to show cause why the order was not enforced. Subsequently the petitioner and respondent appeared before the Tahsildar, Koyilanday and presented their arguments. An authorized officer was deputed to inspect the site and submit report. After obtaining the report, notices were issued to the parties for attending hearing and they attended the hearing. Contention of the petitioner is that width of the pathway was contracted due to the construction of wall by the respondent Palichery Asokan. But the respondent denied the contention and said that he had built the wall in the boundary of his land only. Further enquiry is being conducted through Village Officer, Naduvannur and an accurate sketch of the plot is required from Village Officer, Naduvannur. After obtaining the report of Village Officer, Naduvannur just and proper order in this matter will be issued.
Conscious and unreasonable delay has not been occurred in tis case. The time taken is only for getting a comprehensive view of the matter and disposing the case in accordance with law. I also humbly submit the fact that I will dispose the case within a period of three months.
All the above facts are submitted for kind information as required by the reference cited.”
5. Heard the counsel for the petitioner and the learned Public Prosecutor and perused the report.
6. The only grievance of the petitioner is that though proceedings have been initiated in the year 2012, no final orders have been passed in the matter so far. It is seen from Annexure-3 that the proceedings have been initiated on the basis of Annexure-1 complaint and Annexure-3 conditional order was passed by the Sub Divisional Magistrate under Section 133 of the Code and thereafter it was made over to the 4th respondent, Thasildar and Executive Magistrate, Koyilandy to dispose of the matter. It is also seen from the documents produced and also from the report that several reports have been obtained from the village officer regarding the matter. The 4th respondent had requested in the report that if three months time is granted, the matter can be disposed of. It is pertinent to note that Section 133 of the Code has been incorporated to provide speedy summary remedy in certain matters. Wisdom of legislature ought to have been taken note of by the authorities, who are entrusted with adjudication in such matter. So considering the circumstances and also considering the report of the 4th respondent, this Court feels that the petition can be disposed of as follows:
The 4th respondent - Thasildar and Executive Magistrate, Koyilandy is directed to dispose of the proceedings pending before him as D1 2668/2012 as expeditiously as possible after complying with the procedure provided under Sections 137 and 138 of the Code at any rate within three months from the date of receipt of a copy of this order.
With the above direction and observation, this Crl.M.C is disposed of.
Office is directed to communicate this order to the 4th respondent immediately for compliance.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge