VAREED PORINCHUKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision sought for here is of an order passed by the District Magistrate (Judicial), Trichur, refusing to rescind under S.144(4) of the Criminal Procedure Code an order passed ex parte by the Executive First Class Magistrate, Trichur, more than six years back prohibiting members of the A Party and the public in general from using the property blocked in Survey Numbers 1178 and 1179 of Eyyal Village in Thalappally Taluk as a burial ground.

(2.) It was on 6-10-1964 that that order was passed. The duration of the prohibition in the first instance was only two months. But the State Government acting under Sub-s.(6) extended it first till 5-1-1965 by notification dated 4-12-1964 and thereafter" until further orders by another notification dated 2-1-1965.

(3.) On 23-1-1965 A Party applied under Sub-s.4 of the Section to the Additional Executive District Magistrate, to whom the Executive First Class Magistrate is subordinate, for cancellation of the ex parte order. He merely lodged it. Then A Party filed another application on 14-10-1965 before him for the same relief. On 20-10-1965 he disposed it of by saying that the request could not be granted. From that order Crl. RP. 602 of 1965 was filed here. In it the question arose whether the Executive District Magistrate could rescind the ex parte order when its operation had been extended by the State Governmnet until further orders. A Division Bench of this Court held in that case that that could be done and after setting aside the order passed by the Magistrate sent it back to him for fresh disposal in accordance with law. Thereafter on 2-3-1967 he again dismissed the petition. From that order Crl. RP. 183 of 1967 was filed here. A learned Single Judge of this Court set aside that order and after transfering the case from the file of the Executive District Magistrate to that of the District Magistrate (Judicial), Trichur, directed him to dispose of the petition according to law. The District Magistrate (Judicial), Trichur, has also now dismissed the petition. It is that order that is sought to be revised by this petition.