IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 OP(Crl.).No. 1506 of 2011(Q) ---------------------------- PETITIONER ------------------------------ K.T.BABY, S/O.THOMAS, KADICHINI HOUSE, MALA DESOM, VADAMA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.P.RAMNATH SEI.M.VARGHESE VARGHESE RESPONDENT(S): --------------- 1. SUB DIVISIONAL MAGISTRATE/RDO, COLLECTORATE, TRISSUR-680 001. 2. SOYI, S/O.THOMAS, VADASSERY HOUSE, ELINJIPRA VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT-691 585. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.1506 of 2011 ==================================== Dated this the 12th day of April, 2011 J U D G M E N T Grievance of petitioner is that as early as on 15.02.2010 he filed Ext.P2, complaint before the Sub Divisional Magistrate, Thirssur under Section 133(1)(a) of the Code of Criminal Procedure (for short, “the Code”). But, in spite of the Sub Divisional Magistrate obtaining report of the Village Officer no action has been taken as provided under law. Hence a direction is sought to the Sub Divisional Magistrate to take necessary action on Ext.P2, complaint. 2. I have heard learned counsel for petitioner and learned Public Prosecutor. Learned counsel submitted that pursuant to Ext.P2, complaint the Sub Divisional Magistrate called for a report from the Village Officer concerned who submitted Ext.P3, report with sketch and extract of Building Tax Register. According to the learned counsel the Village Officer has reported that the Puramboke way is used by petitioner and others. 3. If the Sub Divisional Magistrate gets information O.P(Crl.) No.1506 of 2011 -: 2 :- through the report of the Village Officer or otherwise and on taking such evidence (if any) as he thinks fit is satisfied that there is any unlawful obstruction or nuisance caused to any way which is or may be lawfully used by the public, the Sub Divisional Magistrate is required to initiate action as provided under Sec.133(1)(a) of the Code. If the materials before the Sub Divisional Magistrate are sufficient to initiate action as above stated, he has to initiate appropriate action as provided under law. In the circumstances the Sub Divisional Magistrate, Thrissur is directed to pass appropriate orders on Ext.P2, complaint dated 15.02.2010 as provided in the Code having regard to the complaint and materials collected by him (if any) as early as possible. But I make it clear that I have not expressed any opinion on the merit of the case either way. Writ Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv