This writ petition sought directions to remove obstructions on a public road and pass orders on a representation under the CrPC regarding a dispute involving the petitioners and neighbors.
Direction to the 2nd respondent to consider the representation and pass orders within three months with proper notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 3RD DAY OF JANUARY 2018 / 13TH POUSHA, 1939
WP(C).No. 8472 of 2017
PETITIONERS:
1 M.P. JOLLY, AGED 48 YEARS,S/O M.P.PAPPU, MADASSERY(HOUSE), KOTTAMAM, NEELEESWARAM(P.O), KALADY,ERNAKULAM DISTRICT.
2 MARIYAMMA PAPPU, AGED 73 YEARS,W/O.M.P.PAPPU, MADASSERY(HOUSE), KOTTAMAM, NEELEESWARAM(P.O),KALADY, ERNAKULAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER M.P. JOLLY,1ST PETITIONER.
BY ADVS.SRI.JESWIN P.VARGHESE SMT.V.H.JASMINE
RESPONDENTS:
1. THE DISTRICT CLLECTOR, CIVIL STATION,KAKKANADU, ERNAKULAM,COCHIN-30.
2. THE SUB DIVISIONAL MAGISTRATE, OFFICE OF RDO, FORT COCHIN,PIN-682001.
3. THE VILLAGE OFFICER, VILLAGE OFFICE, KALADY, ERNAKULAM DISTRICT,PIN-683574.
4. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, KALADY(P.O.), ERNAKULAM DISTRICT,PIN-683574.
WP(C).No. 8472 of 2017 (H)
5. DEVASSIKUTTY,
6. BENNY,
R1-R4 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER R5,R6 BY ADVS.SRI.G.SANTHOSH KUMAR (P).
SRI.LEYO SEBASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 8472 of 2017 (H)
PETITIONER(S)' EXHIBITS
| EXT.P1 A TRUE COPY OF BASIC TAX REGISTER(BTR)ISSUED BY 3RD RESPONDENT VILLAGE OFFICER |
|---|
| EXT.P2 A TRUE COPY OF VILLAGE FIELD MAP OF FIELD NO.200 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER |
| EXT.P3 A TRUE COPY OF THE RECEIPT ISSUED BY 4TH RESPONDENT DATED 09.02.2017 |
| EXT.P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 14.02.2017. |
RESPONDENT(S)' EXHIBITS
NIL
TRUE COPY
P.S. TO JUDGE
EL
SHAJI P. CHALY, J.
W.P.(C) No.8472 of 2017
----------------------------------------------Dated this the 3rd day of January, 2018
J U D G M E N T
This writ petition is filed by the petitioners seeking the following reliefs:
W.P.(C) No.8472 of 2017
2
obstruction is created on a public road, which according to the petitioners, are creating problems and inconvenience to them. Seeking to ventilate their grievance, Ext.P4 application is submitted before the 2nd respondent apparently under the provisions of the Code of Criminal Procedure. Petitioners seek early disposal of Ext.P4.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE
smv 3.1.2018
1 issue framed by the court
Whether the Sub Divisional Magistrate should consider the petitioners' representation regarding obstructions on a public road within a specified time frame.
M.P. JOLLY
MARIYAMMA PAPPU
THE DISTRICT COLLECTOR CIVIL STATION
THE SUB DIVISIONAL MAGISTRATE
THE VILLAGE OFFICER KALADY
THE SUB INSPECTOR OF POLICE KALADY
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
