IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30960 of 2008(I) -------------------------- PETITIONER: --------------- M.P.CHERIYA KHOYA, PURADAM HOUSE, KAVARATHY LAKSHADWEEP ISLAND. BY ADV. SRI.NIRMAL. S RESPONDENTS: --------------- 1. EXECUTIVE MAGISTRATE, UNION TERRITORY OF LAKSHAQDWEEP, W.I.C. 2. REFIQ, S/O.BASHA, RESIDING AT KURYALAKAM(KALIYAM) R/AT.KAVARATHY, LAKSHADWEEP. SRI.S.RADHAKRISHNAN, STANDING COUNSEL FOR LAKSHADWEEP GOVERNMENT PLEADER SRI. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. =============== W.P.(C).No.30960 of 2008 - I =============================== Dated this the 21st day of October, 2008. J U D G M E N T Petitioner is a resident of Kavarathy Panchayath, Union Territory of Lakshadweep. His grievance is regarding the alleged obstruction of the public path way at the instance of the 2nd respondent in the writ petition. Exts. P2 and P4 applications have been filed in this regard before the Executive Magistrate. The Executive Magistrate, Kavarathy, Union Territory of Laskadweep, has not taken a decision thereon. Petitioner submits that the Executive Magistrate has the requisite powers under Section 133 Cr.P.C, to take action. 2. I have heard the learned counsel for the 2nd respondent also. 3. In the result, the writ petition is disposed of directing the Executive Magistrate, Kavarathy, Union Territory of Lakshadwep, to look into Exts.P2 and P4 and take appropriate decision obviously as provided under Section 133 Cr.P.C. He shall issue notice to the 2nd respondent also, before taking action. Needful shall be done by the 1st respondent within three months from the date of receipt of a copy of this judgment. V.GIRI, JUDGE. bkn/-