IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 30234 of 2008(Y) -------------------------- PETITIONERS: -------------------- 1. K.R. PAULOSE, S/O RAPHAEL, KALLARA HOUSE, ANGADI KARAYIL, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT. 2. P.J.GEORGE, AGED 62 YEARS, S/O JOSEPH PEECHATTUKUDY (LATE), PEECHATTUKUDY HOUSE, KOTHAMANGALAM P.O., ERNAKLAM 686 691. BY ADV. MR. K.RAMAKUMAR, SENIOR ADVOCATE MRS. SMITHA GEORGE MR. MANU TOM CHERUVALLY MR. T.RAMPRASAD UNNI RESPONDENTS: ---------------------- 1. THE SUB DIVISIONAL MAGISTRATE, MUVATTUPUZHA (REVENUE DIVISION OFFICER, MUVATTUPUZHA). 2. MARTHAMARIYAM CATHRIDAL VALIYA PALLY, REF.FR.ELHOSE, KAKKANADAN, VIKARI, MARTHAMARIYAM CATHRIDAL VALIYA PALLY, KOTHAMANGALAM. 3. A.R. CHAKKOCHAN, EMBASSERIYIL, TRUSTEE, MARTHAMARIYAM CATHRIDAL VALIYA PALLY, KOTHAMANGALAM. 4. K.O. PAULOSE, KURUMBATHU VEEDU, TRUSTEE, MARTHAMARIYAM CATHRIDAL VALIYA PALLY, KOTHAMANGALAM. R1 BY GOVERNMENT PLEADER MR. P.NARAYANAN R2 TO R4 BY ADV. MR. GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI,J. ------------------------- W.P ( C) No.30234 of 2009 -------------------------- Dated this the 23rd July,2009 J U D G M E N T Petitioners submit that there has been an encroachment of pathway coming on the northern side of their residence at the instance of respondents 3 and 4. They have brought this to the notice of the Sub Divisional Magistrate who has apparently directed the Tahasildar to conduct an enquiry in this regard. They are aggrieved that further steps have not been taken by the 1st respondent under Section 133 of Cr.PC. Respondents 3 and 4 have been served from this Court. They submit that there is no pathway on the northern side of the petitioners residence. Matter is to be enquired into by the 1st respondent. He shall do so and see that orders are passed on Ext.P1, after hearing the petitioners as also respondents 3 and 4 and any other member of the public who being interested by following the procedure W.P ( C) No.30234 of 2009 2 contemplated by Sections 133 and 138 of Cr.P.C, as expeditiously as possible. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.30234 of 2009 3 W.P ( C) No.30234 of 2009 4