S. Padmanabnan, J.

1. On the basis of M. P. 628/84 filed by the respondents, the Sub Divisional Magistrate, Muvattupuzha initiated proceedings under S.133 of the Code of Criminal Procedure (Here-in-after referred to as the 'Code') against the petitioner and passed a conditional order on 22-12-1984 which reads as follows:

"Whereas it has been made to appear before that a pathway in Valakom village at Mekkadambukara was closed by putting a gate on the pathway and locked by the counter petitioner and thereby causing obstruction to the exit of the petitioner's house.

1, K.M. Abraham, Sub Divisional Magistrate, Muvattupuzha hereby direct the counter petitioner under S.133(1) Cr. P.C. to remove the obstruction within 7 days on receipt of this order or to appear before this Court at 11 a. m. on 9-1-1985 and show cause why this order should not be made absolute".

This order was served on the petitioner who was the counter petitioner therein. He entered appearance and filed objection stating that this is not a public pathway and he has not obstructed any pathway. He also contended that even though the gate put up by him was in his private property, he was permitting vehicular traffic by op