IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20415 of 2009(V) -------------------------- PETITIONER(S): --------------- KARAYIL KUTTAN, S/O.VELAYUDHAN, NIRMALAPURAM, KOORKANCHERY, THRISSUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. M/S.LIFE GROUP DEVELOPERS AND PROMOTERS, SHORNUR ROAD, THRISSUR PIN-679 103, REP.BY ITS MANAGING PARTNER ROSHAN K.S. 2. REVENUE DIVISIONAL OFFICER, THRISSUR. 3. VILLAGE OFFICER, VILLAGE OFFICE, KOORKENCHERY. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20415/2009 -------------------- Dated this the 22nd day of July, 2009 JUDGMENT Petitioner has put up a house in two cents of land. 1st respondent has commenced the construction activities of a residential flat in a land which is situated adjacent to the petitioner's land. According to the petitioner, the lateral support available to his land would be damaged, if the 1st respondent continues the construction activities in the present manner by using JCBs. Petitioner therefore, moved the RDO seeking to invoke the powers of latter under Section 133 of the Cr.P.C as evidenced by Ext.P2. Village Officer conducted a site inspection and submitted Ext.P3. Petitioner is aggrieved that the construction activities are continuing without any interruption. No action is being taken by the 2nd respondent. 2. I heard learned Government Pleader also. Since Ext.P3 report has been submitted by the Village Officer, 2nd respondent, RDO, shall proceed to take action under Section 133 of the Cr.P.C. after notice to the 1st respondent W.P.(C).20415/09 2 as expeditiously as possible at any rate, within two weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs