IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24723 of 2010(M) -------------------------- PETITIONER: --------------- P.A.SHAUKATH ALI, AGED 43 YEARS, S/O. ABDUL, PADINJAREVEETTIL, P.OSANTHIPURAM, THRISSUR DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENTS: --------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR-680001. 2. SEENATH, W/O. BASHEER, PONAKKUZHI, VIII/116, SREENARAYANAPURAM VILLAGE, KOTHAPARAMBU.P.O., THRISSUR DISTRICT-680001. 3. SREENARAYANAPURAM GRAMAPANCHAYATH, REPRESENTED BY ITS SECRETARY, SREENARAYANAPURAM.P.O.-688582. GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24723 OF 2010 = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF AUGUST, 2010. J U D G M E N T Aggrieved by the delay on the part of the first respondent to initiate proceedings under Section 133 of the Code of Criminal Procedure, this writ petition has been filed. 2. Petitioner claims to be in possession and ownership of 8.350 cents of property in Sy. No. 43/13 of Sreenarayanapuram Village. He purchased the said property from the second respondent. It is pointed out that the second respondent is causing obstruction to the pathway including the access to the petitioner's property. Petitioner, therefore, submitted a petition under Section 133(d) of the Code of Criminal Procedure before the first respondent to take action against causing nuisance to the pathway, which is produced as Ext.P2. Petitioner has also filed a representation before the Gramapanchayat as per Ext.P4 requesting to conduct immediate enquiry and to stop the alleged unauthorized construction carried on by the second respondent. 3. Heard. The learned Government Pleader, on getting instructions, WP(C)24723/2010 2 submitted that the first respondent has called for a report from the Village Officer concerned and on getting the report alone, further action can be initiated. Learned counsel for the petitioner submitted that in view of the urgency pointed out by the petitioner, the first respondent may be directed to take a decision in the matter, without delay. 4. Hence there will be a direction to the first respondent to take on file Ext.P2 and decide whether action is warranted under Section 133 of the Code of Criminal Procedure. The same will be done as expeditiously as possible, after getting report of the Village Officer. The writ petition is accordingly, disposed of. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the first respondent for information and compliance. T.R. RAMACHANDRAN NAIR, JUDGE. KNC/-