IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 24242 of 2010(Q) --------------------------------------------- PETITIONER(S): -------------------------- BABU C.S., S/O.CHIRACKAL VEETTIL SREEDHARAN, CHIRACKAL VEETTIL HOUSE, ERUMATHALA, P.O.ASHOKAPURAM, ALUVA. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): ------------------------ 1. KOCHUKRISHNAN, S/O.MADHAVIKUTTY, PUTHENVEETTIL HOUSE, ERUMATHALA, ASHOKAPURAM P.O., ALUVA. 2. THE VILLAGE OFFICER, ALUVA WEST VILLAGE, ALUVA, ERNAKULAM DISTRICT. 3. THE TALUK TAHSILDAR, ALUVA TALUK. 4. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN, ERNAKULAM DISTRICT, PIN-682 001. 5. CHOORNIKKARA PANCHAYATH, REP. BY ITS SECRETARY, CHOORNIKKARA, ALUVA, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.24242 of 2010 = = = = = = = = = = = = = = Dated this the 16 th day of August, 2010 JUDGMENT As per Ext.P4 application dated 20.01.2009, the petitioner moved the 4th respondent, Revenue Divisional Officer, Fort Kochi under Section 133 Cr.P.C in respect of a pathway claimed to be a public pathway. The grievance of the petitioner is that eventhough he filed Ext.P4 petition on 20.1.2009, so far no orders have been passed by the 4th respondent on the said application. The petitioner would have it that the Revenue Authorities had submitted reports in favour of the petitioner. 2. If the 4th respondent is prima facie convinced that Ext.P4 application is to be proceeded with further and that the pathway in question is a public pathway, he shall pass a conditional order under Section 133(1) Cr.P.C calling upon the opposite party to enter appearance and show-cause why W.P.(c)No.24242 of 2010 2 the conditional order should not be made absolute. The matter cannot be kept pending endlessly without passing any orders on the petition. This writ petition is disposed of directing the 4th respondent to pass appropriate orders in accordance with law on Ext.P4 petition. Dated this the 18 th day of August, 2010. V. RAMKUMAR, JUDGE sj