JITHERSH C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in Crl.M.C. No.9163/2019 are the occupants of room Nos.MP XV-731 & MP13-114 whereas the petitioner in Crl.M.C. No.167/2020 is the occupant of room No.MP XV-739. These rooms are abutting Thalassery-Mananthavady public road. The petitioners challenge the legality of Annexure-A6 order dated 26.11.2019 passed by second respondent, Sub Divisional Magistrate in exercise of his powers under Section 141(2) of the Code of Criminal Procedure,1973(for short, 'the Cr.P.C .) directing to close down the rooms within one week from the date of the order. It was observed in Annexure-A6 order that in case the rooms are not closed down, the Secretary of Mananthavady Municipality would effect renovation to the rooms and recover the expenses thereof from the defaulting parties.

(2.) The second respondent initiated proceedings under Section 133 of the CrPC based on the report given by the Village Officer, Mananthavady that the rooms referred to above as well as the other buildings abutting Mananthavady-Thalassery road were in dilapidated condition causing threat to the public. The second respondent thereupon issued conditional order directing the occupants either to reconstruct the buildings or else to carry out renovation works.

(3.) The occupants appeared before the second respondent and agreed to carry out repair works. Since the repair as agreed were not carried out, the second respondent thereafter passed final orders under Section 138 of the CrPC. The compliance report called for from Assistant Executive Engineer showed that the directions were not yet carried out and consequently the impugned Annexure-A6 order was passed on 26.11.2019.