IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21096 of 2009(F) -------------------------- PETITIONER: --------------- SULAIMAN, AGED 44 YEARS, S/O.POKKER, CHOLACKAL HOUSE, THARIPRAMUNDA, PALAKKALVETTA P.O., THUVVUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, KARUVARAKUNDU POLICE STATION, KARUVARAKUNDU. 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 3. KUTTIPULIYAN PATHUMMA, W/O.MOIDEEN KUTTY, THARIPRAMUNDA, PALAKKALVETTA P.O., THUVVUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.21096 of 2009 -------------------------- Dated this the 31st July,2009 J U D G M E N T Petitioner and the 3rd respondent are neighbours. Apparently, there is a dispute between the two relating to the pathway lying adjacent to the petitioner’s property. Third respondent has approached the RDO, as evidenced by Ext P3 complaint. It seems that the RDO sought for an enquiry into the complaint. But thereupon, the 1st respondent the S.I of Police proceeded to issue Ext.P4, wherein, citing the pendency of the complaint before the RDO, he has directed the petitioner to stop the construction of the compound wall. Enquiry as such has been done by the Village Officer, who has forwarded Ext.P5 report. 2. It is open to the RDO to take appropriate action, but obviously the S.I of Police has no jurisdiction to pass an order in the nature of Ext.P4. 3. On production of a copy of this judgment along with copy of the writ petition before the RDO, he shall pass an order on Ext.P3 complaint either by way of preliminary W.P ( C) No.21096 of 2009 2 order under Sec. 133 of the Cr.PC or otherwise dropping the same, within two weeks thereof. Obviously Ext.P4 shall be subject to further orders to be passed by the RDO. The RDO shall issue notice to the complainant also before passing an order in the manner aforementioned. Writ petition is disposed of as above. (V.GIRI, JUDGE) ma