KAZHUTHOLAN PUSHPA Vs. ILLATHVALAPPIL YESODHA

JUDGEMENT

(1.) Annexure-1 order dated 25.11.2015 passed by the Sub Divisional Magistrate, Thalassery(RDO) and Annexure-3 order dated 03.06.2017 passed by the Sessions Judge in Crl.R.P.No.36/2015 are challenged by the original respondents in M.P. No.7/2014 initiated under Section 133 of the Code of Criminal Procedure,1973 (for short, 'the CrPC '), before this Court invoking inherent powers under Section 482 of the CrPC.

(2.) The first respondent herein filed the petition before the learned Sub Divisional Magistrate, Thalassery, complaining that northern boundary wall of her property collapsed due to the petitioners excavating soil from the northern land owned by them. The learned Sub Divisional Magistrate after holding enquiry and being satisfied that circumstances warranted his interference issued a conditional order. On petitioners' appearance and consequential enquiry held, the conditional order was confirmed by impugned Annexeure-1 order passed in M.P. No.7/2014. The order passed under Section 138(2) of the CrPC though challenged in Crl.Revision No.36/2015, was not interfered with and it culminated in Annexure-3 revisional order passed by the learned Sessions Judge, Thalassery.

(3.) The sole point that is raised by the petitioners who are the original respondents in M.P.No.7/2014 purportedly filed under Section 133 of the CrPC is that the learned Sub Divisional Magistrate lacked jurisdiction to entertain the dispute raised before him by the first respondent. It is contended that the nature of dispute being purely private and of civil nature and further no public right being involved, the learned Sub Divisional Magistrate was totally unjustified in entertaining the very proceedings itself and invoking powers under Section 133 of the CrPC.