IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 13747 of 2008(J) -------------------------- PETITIONER(S): --------------- WILSON, AGED 45 YEARS, S/O.LATE KOSHY GEORGE, KOCHARIKUNNIL HOUSE, ULLANNOOR, KULANADA. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENT(S): --------------- 1. KULANADA PANCHAYATH REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KULANADA GRAMA PANCHAYATH KULANADA. 3. THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 4. C.M.THANKACHAN, RENNY BHAVAN, CHERIVUKALAYIL, ULLANNOOR, KULANADA VILLAGE, PATHANAMTHITTA DISTRICT. ADV. SRI.K.SASIKUMAR FOR R2 SRI.BECHU KURIAN THOMAS FOR R4 SRI.A.C.EAPEN FOR R4 SRI.ROSHEN.D.ALEXANDER FOR R4 SMT.INDU SUSAN JACOB FOR R4 SRI..A.C. EAPEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 13747 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th January, 2009. J U D G M E N T The petitioner and the 4th respondent are neighbours. The 4th respondent alleged that certain rubber trees standing on the boundary of the property causes nuisance and danger to the petitioner's life and property. The 4th respondent approached the Ombudsman for Local Authorities in respect of the same. The petitioner alleges that the Ombudsman, without issuing any notice to the petitioner, straightaway directed the Panchayat to see that the rubber trees in question are cut and removed. Pursuant to the same, Ext. P1 notice has been issued by the Secretary of the Panchayat, which is under challenge before me. 2. In view of the disputed questions involved, I am of opinion that this matter should be considered by the Revenue Divisional Officer in exercise of powers under Section 133 of the Code of Criminal Procedure. Accordingly, if the 4th respondent so wishes, he may file an application under Section 133 of the Code of Criminal Procedure before the jurisdictional Revenue Divisional Officer, who shall, on receipt of the same, consider the same and decide the question in accordance with the Code of Criminal Procedure after affording an opportunity of being heard to the petitioner, the 4th respondent and the Panchayat, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of the application. Till orders are so passed by the Revenue Divisional Officer, no further proceedings shall be taken in respect of the rubber trees in question. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/