IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37616 of 2008(C) -------------------------- PETITIONER(S): --------------- K.K.VIJAYAN, S/O. KUNJIKRISHNA PANICKER, KANNAN VEETTIL, KOTTA MURI & P.O. KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR & DISTRICT MAGISTARTE (EXECUTIVE) PATHANAMTHITTA. 2. THE TAHSILDAR KOZHENCHERRY TALUK, KOZHENCHERRY 3. THE TALUK SURVEYOR, KOZHENCHERRY. 4. THE VILLAGE OFFICER, KIDANGANNUR. 5. RADHAKRISHNAN NAIR S/O.LATE KUTTAN PILLAI SYAMALALAYAM,KORRA MURI, KIDANGANNUR VILLAGE KOZHENCHERRY TALUK. GOVT.PLEADER SMT.SUDHAMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 37616 of 2008 ================== Dated this the 19th day of December, 2008 J U D G M E N T The petitioner is aggrieved by the action of the 5th respondent in constructing a boundary wall encroaching into a pathway leading to the petitioner's residence. The petitioner has filed this writ petition seeking a direction to respondents 1 to 4 to take action under the Survey and Boundaries Act or under Section 133 of the Criminal Procedure Code for removal of the obstruction made by the 5th respondent. I am of opinion that it is for the petitioner to file a petition under the Survey and Boundaries Act or under Section 133 of the Criminal Procedure Code and pursue the same. Therefore, without prejudice to such right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2