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2010 Supreme(Ker) 367

V.RAMKUMAR
Gopinathan, P. – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates appeared:
For the Petitioners:Joby Jacob Pulickekudy, Anil George and K.S. Sumeesh, Advocate. For the Respondent: C.S. Hrithick (Public prosecutor).

Judgment :

The Writ Petitioner was the respondent in Annexure P-1 application dated 8-8-2002 filed by one Udarappan before the respondent Sub Divisional Magistrate, Tirur under Sec. 142 Cr.P.C. alleging that the petitioner herein had obstructed the pathway (Malayalam) leading to the property of the said Udarappan as well as to the Kannemkavu Bhagavathy Temple by constructing a permanent wall and barbed wire fence across the said pathway. It appears that on 4-9-2002, the respondent. Sub Divisional Magistrate passed a conditional order Under Sec. 133 (1)(a) Cr.P.C. calling upon the petitioner herein to restore the pathway obstructed by him to its original condition on or before 24-9-2002 or to appear before the Magistrate on 24-9-2002 at 3 p.m. and show cause why the conditional order should not be enforced. On 4-1-2003 the petitioner herein filed a counter denying the allegations made by Udarappan and also denying the alleged obstruction on the pathway and contending that the petition under Sec. 142 Cr.P.C. was filed with a view to settle the personal enmity of some of the committee members of the above temple towards the petitioner herein by making the applicant their tool. Thereaft




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