IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 28558 of 2008(Y) -------------------------- PETITIONER: --------------- G.HARIHARAN, S/O.GOPALAN, VISHAKH, KRA-70, AMBALATHUMUKKU PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: -------------------- 1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. VILLAGE OFFICER, VILAPPIL VILLAGE, THIRUVANANTHAPURAM. 3. MAHESH.K., ULAYAKATTACKAL ARUVIPPURAM, PEYAD.PO., THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.28558 of 2008 -------------------------- Dated this the 6th November, 2008 J U D G M E N T Essentially the petitioner is aggrieved by the proceedings initiated by the 1st respondent acting as District Magistrate, purportedly under Section 133 of the Cr.P.C in response to Exhibit P6 mass petition. According to the petitioner, the 1st respondent is proposing to invoke his powers under Section 133 of the Cr.P.C allegedly in relation to a pathway stated to be running through the petitioner’s property. Petitioner submits that there is no such pathway through the petitioner's property. 2. This aspect has been stressed by the petitioner in a detailed objection filed as Exhibit P8. In the meanwhile, as evidenced by Exhibit P9, the Village officer has issued a notice requiring the petitioner to remit the sum of Rs.4,000/- as royalty for the sand/earth removed from the petitioner’s property. Though the petitioner has furnished reply to the same, he apprehends steps for W.P ( C) No.28558 of 2008 2 recovery by way of enforcement of Exhibit P9. Hence the writ petition. 3. I heard learned Government Pleader also. 4. Since the petitioner has objected to the initiation of proceedings under Exhibit P7, by filing a detailed objection as Exhibit P8, it is only appropriate that the 1st respondent hears the petitioner or his authorized representative on Exhibit P8 objections and passes an order thereon. This shall be done within three months from the date of receipt of a copy of this judgment. If ultimately, the 1st respondent passes a conditional order under Section 133 of Cr.P.C, it is always open to the petitioner to take appropriate steps in relation to the said order. Proceedings for recovery of any amounts pursuant to Exhibit P9 shall be kept in abeyance till the District Collector takes a decision in the manner aforementioned. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.28558 of 2008 3 W.P ( C) No.28558 of 2008 4