SURESH Vs. KARUPPASSANKANDY INDIRA

JUDGEMENT

(1.) PETITION filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) PETITIONER is aggrieved by non -implementation of Annexure -II order passed by the Sub Divisional Magistrate, Kozhikode (in short, "the SDM") in a proceeding under Section 133 Cr.P.C.

(3.) ANNEXURE -I is the conditional order passed by the SDM under Section 133 Cr.P.C. directing the contesting respondent to cut and remove three jack trees standing in her property, in such a condition that they are likely to fall and thereby cause injury to persons or property. As per Annexure -II order, it can be seen that the SDM made the said order absolute under Section 138 Cr.P.C. Subsequently, by invoking power under Section 141 Cr.P.C., on 18.07.2008, the SDM issued a notice clearly stating that in spite of giving ample opportunity, the contesting respondent did not appear and show cause. Therefore, the contesting respondent was directed to remove the trees within a period of seven days from the date of Annexure -II order. In spite of that, the contesting respondent did not do as directed. Therefore, the petitioner approached the SDM for implementation of the order, which he failed to do. Hence the petitioner moved to this Court. This Court as per Annexure -III order dated 04.07.2013 on Crl.M.C.No.2508 of 2013 directed as follows: "xxxxxxxxxx In the above circumstances, according to me, it is only just and proper to direct the second respondent to see that Annexure II order is implemented, if there is no other legal and procedural impediment. In the result, this Crl.M.C. is disposed of directing the second respondent to take further steps forthwith to implement Annexure II order if the same is otherwise in order and there is no legal or procedural impediment for the same." The contention raised by the learned counsel for the petitioner is that eve thereafter the SDM did not implement the order passed by himself. Annexure -IV is the application filed by the petitioner before the SDM requesting him to implement the order passed by this Court. According to the learned counsel, the non -implementation is a blatant violation of the order passed by this Court.