The High Court of Kerala dismissed a criminal revision petition filed against an order converting a conditional stay on quarrying operations into an absolute order. The court held that the petition was infructuous as the permit expired, resulting in its dismissal as withdrawn.
The revision petition was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
CRL.REV.PET NO. 213 OF 2011
AGAINST THE ORDER IN CMP 5/2010 OF SUB DIVISIONAL MAGISTRATE, IDUKKI
REVISION PETITIONERS/COUNTER PETITIONER NOS.4,5 &7:
1 SANTHOSH N.S, S/O SAHADEVAN AGED 28 YEARS, NALATHOTTIYIL HOUSE, KEERITHODU P.O., KANJIKUZHY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.2 MOHANAN, S/O.PARAMESWARAN AGED 45 YEARS, PANAPARAMBIL HOUSE, KEERITHODU P.O., KANJIKUZHY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.3 RAJAN, SON OF VARGHESE AGED 58 YEARS, MOLEL HOUSE, NEENDAPAR P.O., NERYAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.BY ADV SRI.P.M.ZIRAJ
RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, AT ERNAKULAM.2 THE SUB DIVISIONAL MAGISTRATE IDUKKI, COLLECTORATE, KUYILIMALA, PAINAVU P.O., IDUKKI DISTRICT, PIN-685 553.3 THE GEOLOGIST MINING AND GEOLOGY DISTRICT OFFICE, MINI CIVIL STATION, THODUPUZHA P.O., IDUKKI DISTRICT, PIN-685 584.SR PUBLIC PROSECUTOR SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.R.P NO.213 OF 2011 2
Dated this the 27th day of October, 2023
ORDER
The revision petition is filed challenging the order passed in CMP No.5/2010 by the Court of the Sub Divisional Magistrate, Idukki, making the conditional order passed under Section 133 (1) (a) (b) of the Criminal Procedure Code (in short, ‘Code’), absolute under Section 138 of the Code.
CRL.R.P NO.213 OF 2011 3
Public Prosecutor appearing for the respondents.
Sd/-
C.S.DIAS, JUDGE
rmm27/10/2023
1 issue framed by the court
Whether a criminal revision petition challenging an order converting a conditional stay into an absolute order should be dismissed as withdrawn due to the expiry of the underlying permit.
2 provisions across 1 enactments
SANTHOSH N.S
MOHANAN
RAJAN
STATE OF KERALA
THE SUB DIVISIONAL MAGISTRATE IDUKKI
THE GEOLOGIST MINING AND GEOLOGY DISTRICT OFFICE
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court