SAJEEV KUMAR M R Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking direction to the 1st respondent to restore the 12 links public pathway leading from the National Highway and ending at Laksham Veedu Colony, scheduled in Ext.P2 order passed by the 2nd respondent dated 01.03.2005. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioners are the residents of a common locality, who approached the 1st respondent, Sub Divisional Magistrate, Alappuzha by filing a petition under Sec.133 of the Code of Criminal Procedure, alleging that respondents 3 to 5 and others interfered with the right to public pathway having a width of 12 links, evident from Ext.P1.

(3.) Pursuant to Ext.P1, 2nd respondent, Tahasildar, conducted an enquiry and concluded that there are encroachments to the public pathway and submitted his report annexing the sketch of the public pathway, to the 1st respondent RDO, evident from Ext.P2. Respondents 3 to 5 contended that, there is no public pathway as alleged. After evaluating the situation, the 1st respondent dismissed the petition, directing the petitioners to approach the competent civil court, evident from Ext.P3 order. Being aggrieved by Ext.P3, petitioners along with others, approached this Court by filing W.P.(C) No.34330 of 2005 and Crl.R.P.No.2604 of 2006, which was disposed of as per Ext.P4 common judgment dated 20.08.2007, directing the 1st respondent to proceed on Ext.P1 complaint, in accordance with law.