SOPHY v. THE REVENUE DIVISIONAL OFFICER

SRI.RAJEEV JYOTHISH GEORGE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10892 OF 2021 2 JUDGMENT The petitioner says that, on account of indiscriminate illegal removal of sand by the 4th respondent, the lateral support of her property has been completely lost; and therefore, that she has approached the 1st respondent - Revenue Divisional Officer (RDO), under Section 133 of the Cr.PC, for appropriate orders. She says that the said Authority consequently issued Ext.P2 order, directing the 4th respondent to construct a retaining wall within a period of fifteen days from its date, but that no action has been taken thereon, thus constraining her to approach this Court, seeking that the said Authority be directed to initiate appropriate follow up action, pursuant to Ext.P2, for its implementation. She thus prays that the reliefs sought for in this writ petition be granted.

#2. In response to the afore submissions of Smt. Niranjana Nair – learned counsel for the petitioner, the learned Government Pleader – Sri. Rajeev Jyothish George, submitted that, as is evident from Section 133(1)(d) of the Cr.PC, the RDO acted upon the report of the Police Officer and made Ext.P2 conditional order, requiring the 4th respondent to construct a retaining wall, so as to offer lateral support to the petitioner’s property. He submitted that the said order had been made absolute subsequently and a Crime registered against the WP(C) NO. 10892 OF 2021 3 4th respondent, for having violated it; and hence that the reliefs sought for by the petitioner in this writ petition has already been acceded to. He pointed out that, this is all that the RDO could have done under Section 136 of the Cr.PC; and added that the said Authority will pursue the criminal case now charged against the 4 th respondent appropriately.

#3. I notice from the files that, even though the petitioner has completed service of summons validly to the 4th respondent, he refused to accept it; and the acknowledgment has been returned with the endorsement ‘refused’. Obviously, therefore, this Court is now constrained to proceed with this writ petition in his absence.

#4. When I evaluate and consider the afore rival submissions, it is limpid that the RDO can only act as per the provisions of the Cr.PC and no more. He issued Ext.P2 under Section 133(1)(d) of the Cr.PC and the learned Government Pleader says that it has been made absolute, under Section 136 of the Cr.PC, because the 4 th respondent refused to accede to it. As noticed above, the learned Government Pleader has also informed this Court that a Crime has been registered against the 4th respondent, so as to enforce the provisions of Section 188 of the Penal Code; and that the said matter is still pending before the competent Criminal Court. WP(C) NO. 10892 OF 2021 4

#5. In the afore circumstances, I am left without doubt that the RDO has acted without error; but this is not sufficient because, he must ensure that the Crime registered against the 4th respondent culminates in an appropriate proceedings before the competent Court, without any avoidable delay. Resultantly, I allow this writ petition and direct the 1st respondent – RDO to immediately hear the petitioner and inform her about the action that has been taken pursuant to the registration of the Crime before the competent Court; and to then follow up the matter with the said Court. Every endeavour to culminate the said proceedings without delay shall be taken by the RDO; and if necessary, a copy of this order can also be produced before the said Court for necessary compliance. Sd/- DEVAN RAMACHANDRAN JUDGE MC/21.2 WP(C) NO. 10892 OF 2021 5 APPENDIX OF WP(C) 10892/2021 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED FROM THE 3RD RESPONDENT IN THE NAME OF THE PETITIONER DATED 7-10-2020 TRUE COPY OF THE ORDER AND PROCEEDINGS NUMBERED B/20718/16 OF THE 1ST RESPONDENT DATED 07-11-2016 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 04-11-2017 A TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT TO THE INSPECTOR OF POLICE OF THEKKUMBHAGOM, CHAVARA POLICE STATION DATED 14-08-2019 TRUE COPY OF THE FIR REGISTERED AS CRIME NO. 50/2020 DATED 07-02-2020