C.B.Sumesh Babu vs The Revenue Divisional Officer
2021 Latest Caselaw 21769 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                    WP(C) NO. 15937 OF 2021
PETITIONER:

         C.B.SUMESH BABU,
         AGED 44 YEARS,
         S/O. BHAVADAS, CHATHAMKULAM HOUSE,
         KONGAD P.O.,
         PALAKKAD DISTRICT,PIN-678 631

         BY ADVS.
         SRI.BINOY VASUDEVAN
         SRI.GAUTHAM VISHNU N.


RESPONDENTS:

    1    THE REVENUE DIVISIONAL OFFICER,
         OFFICE OF THE RDO,
         PALAKKAD-678 001

    2    THE PRINCIPAL,
         GOVERNMENT POLYTECHNIC,
         KALLINGAL ROAD,
         KODUMBU P.O.,
         PALAKKAD-678 551

         SMT.PRINCY XAVIER, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 02.11.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15937/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 2nd day of November, 2021

Writ petition has been filed by a resident of Kongad

seeking to direct the 1st respondent to take up Ext.P8 by

exercising the power under Section 133 Cr.P.C. and to pass

appropriate orders as expeditiously as possible.

2. The petitioner states that he is in possession of a

property in Kodumbu Village. The 2nd respondent has blocked

a public road. During earlier occasions also, such blockade

was made and pursuant to the interference of the Chief

Minister, the 1st respondent conducted enquiry and reported

that the blockade is only during the night time so as to prevent

the entry of anti social elements.

3. The petitioner states that now even during the day

time, the 2nd respondent is causing blockade of the road. The

petitioner therefore preferred Ext.P8 complaint before the WP(C) No.15937/2021

1st respondent-RDO. According to the petitioner, what is

blocked is a public road and the 1 st respondent is bound to

interfere in the matter invoking his power under Section 133

Cr.P.C. However, the 1st respondent is not acting on Ext.P8.

It is under such circumstances that the petitioner is before this

Court.

4. The learned Government Pleader representing

respondents 1 and 2 submitted that in the light of the facts

involved in the case, it may not be proper for the 1 st

respondent to exercise the powers under Section 133 Cr.P.C.

pursuant to Ext.P8.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

6. Going through the pleadings, it is seen that the

issue of blockade of the road is subsisting for a considerable

time. According to the petitioner, earlier also, complaints were

made and the blocking of road was confined to the duration of

night. In such circumstances, this Court is of the opinion that WP(C) No.15937/2021

the 1st respondent shall consider Ext.P8 representation

submitted by the petitioner in accordance with law.

Accordingly, the writ petition is disposed of directing

the 1st respondent to consider Ext.P8 representation and pass

appropriate orders thereon within a period of one month. It is

made clear that this Court has not expressed any opinion on

the applicability of Section 133 Cr.P.C. to the facts of the

case.

Sd/-

N. NAGARESH, JUDGE

aks/03.11.2021 WP(C) No.15937/2021

APPENDIX OF WP(C) 15937/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DOCUMENT NO.3465/2019 OF S.R.O.PALAKKAD DATED 27.07.2019 Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE NO.46890564 DATED 26.05.2020 ISSUED BY THE VILLAGE OFFICER, KODUMBA VILLAGE Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 31.08.2019 ISSUED BY THE VILLAGE OFFICER, KODUMBA VILLAGE Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.A4-

BA(266700) 2019 DATED 06.09.2019 ISSUED BY THE SECRETARY OF KODUMBA GRAMA PANCHAYAT Exhibit P5 TRUE COPY OF THE PLAINT IN OS NO.332/2020 ON THE FILE OF THE MUNSIFF COURT, PALAKKAD Exhibit P6 TRUE COPY OF THE PLAINT IN OS NO.550/2020 ON THE FILE OF THE MUNSIFF COURT, PALAKKAD Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 13.07.2012 OF THE REVENUE DIVISIONAL OFFICER, PALAKKAD Exhibit P8 TRUE COPY OF THE REQUEST DATED 24.06.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P8A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P-8

SR