IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 14578 of 2004(I) -------------------------- PETITIONER: -------------------- SRI. N. PARAMESWARA PANICKER, S/O. LATE GOVINDA PANICKER, AGED 65 YEARS, RESIDING AT EDMANA NADUVILEVEEDU, MARTHORVATTOM P.O., CHERTHALA - 45. BY ADV. SMT.JAYANTHI.P. SMT.DIJI.K.DASAN RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, TRIVANDRUM. 2. CHERTHALA MUNCIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, CHERTHALA. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, KOKOTHAMANGALAM, CHERTHALA. 4. SRI. SREEDHARA PANICKER, S/O. KRISHNA PANICKER, AGED ABOUT 62 YEARS, RESIDING AT RESHMI HOUSE, MARTHORVATTOM P.O., CHERTHALA - 45. BY ADV. SRI.J.OM PRAKASH FOR R2 SRI.GRASHIOUS KURIAKOSE FOR R4 SRI.B.PRAMOD FOR R4 WP(C).No. 14578 of 2004(I) -2- THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14578 of 2004(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: REPORT OF THE R3 DTD. 1.6.2001. EXT.P2: ORDER OF THE SUB-DIVISIONAL MAGISTRATE, ALEPPEY DTD. 2.8.2001. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A TO JUDGE. K.BALAKRISHNAN NAIR, J ============== W.P.(C).No. 14578 OF 2004 ==================== Dated this the 18th day of July, 2008. J U D G M E N T The petitioner has approached this Court alleging that the 4th respondent is encroaching into a public pathway and the 2nd respondent Municipality is not taking any action against him. Learned counsel for the 4th respondent submits that, as evident from Ext.P2, the petitioner has already moved the Revenue Divisional Officer for taking action under Section 133 Cr.P.C and the officer had issued notice of hearing the same on 17.8.2001. The petitioner may pursue his remedies available under Section 133 Cr.P.C. If the public pathway is vested in the Municipality, Municipality shall also look into the petitioner's complaint without any delay. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE bkn/-