T.K. AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are the complaint holders who lodged Annexure-A1 mass representation before the District Collector, Ernakulam, seeks to quash Annexure-A3 order passed by the Sub Divisional Magistrate/Revenue Divisional Officer, Ernakulam on 05.01.2015, on the allegation that the learned Magistrate has failed to exercise his power in accordance with the procedure contemplated by Section 137(1) of the Code of Criminal Procedure, 1973 (for short 'the CrPC).

(2.) Annexure-A1 complaint is a mass petition submitted by the petitioners and others before the District Collector, Ernakulam, alleging that a public pathway in their long use has been encroached upon by the second respondent and annexed as part of her private land manipulating land survey records colluding with the Additional Tahasildar as well as the Taluk Surveyor, Kochi.

(3.) In an enquiry conducted by the Sub Divisional Magistrate purpurtedly under Section 137(1), parties were required to appear before him and on second respondent denying existence of public right, he ordered the Additional Tahasildar, his subordinate officer to hold enquiry by having the property measured out with the aid of survey records. Without waiting for the result of proposed enquiry, the learned Sub Divisional Magistrate is seen to have closed the entire matter. It is this impugned order, which is under challenge in this proceeding under Section 482 of the CrPC.