YESODA Vs. YUSUFF HAJI

JUDGEMENT

(1.) Petition to quash Annexure E Order dated 10-6-1991 issued by the Sub Divisional Magistrate of Perinthalmanna under S.142 of the Code of Criminal Procedure. The relevant portion of the order reads:

(2.) The earlier order referred to in the above order is Annexure-B dated 17-8-1990 passed under S.133(1) of the Code of Criminal Procedure. The order reads to the effect:

(3.) The petitioner's property is lying in a lower level when compared to the properties on the northern side of it. From Pattambi road on the north a road leads to the municipal lane which is lying east to west. Just at the beginning of the municipal lane on the eastern side there is a private lane running towards south. On both sides of this lane are properties and buildings inhibited by the complainants in this case. The lane leads to the property of the petitioner and ends there. The complaint by the northern property owners is that the petitioner obstructed the natural flow of water from the north to south along the northern boundary of the petitioner's property towards the west and from there along the western boundary towards south to the paddy fields and then a thodu on the southern side of the paddy fields. It is the case of the complainants that along the property of the petitioner there was a defined channel to drain water collecting on the lane to the paddy fields and the thodu and the petitioner caused obstruction to the free flow of water thereby flooding .the complainant's properties and their wells causing serious health hazards and injury to the properties.