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2021 Supreme(Online)(KER) 1807

HIGH COURT OF KERALA
Devan Ramachandran, J
RAMASWAMY PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
V.T.RAGHUNATH, SMT.MANJU RAJAN, ALEXANDER GEORGE, ARCHANA JOHN, BRITTO RAJU, S.AJIRAJ, G.R.

JUDGMENT

These two writ petitions have been heard together since they involve opposing but analogous factual circumstances and the reliefs sought for being entwined.

2. W.P(C)No.5943 of 2020 has been filed by Shri.Ramaswamy Pillai, alleging that the 3rd respondent - Shri.Gopinatha Pillai, has made a construction in the public pathway, thus obstructing the ingress and egress to his residential property. He says that the illegal construction is now impeding him from taking any vehicle through the pathway, thus causing irreparable prejudice, especially because he is suffering from various diseases and was unable to be taken to the hospital when such an emergency arose in the past. The petitioner says that he had, therefore, approached the jurisdictional Revenue Divisional Officer (RDO) with a complaint and that Ext.P6 order was issued by the said Authority under the provisions of Section

133(1)(a) of the Code of Criminal Procedure (CrPC).

3. Shri.Ramaswamy Pillai alleges that when, in spite of Ext.P6, no action was taken, he was constrained to make a complaint before the RDO, who thereafter, issued Ext.P8 order on 26.06.2019, under the provisions of Section 137 (1) of the CrPC, directi

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