T. MUHAMMED ASHRAF Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the petitioner in M.C.No. 136/13/D(D -9806/13) of Sub Divisional Magistrate Court, Kochi issue direction to the first respondent to implement Ext.P5 order passed by the Sub Divisional Magistrate under Section 133 of the Code of Criminal Procedure under Article 227 of the Constitution of India.

(2.) IT is alleged in the petition that petitioner is residing within the jurisdiction of first respondent and the building owned and possessed by 5th respondent, is situated in a very dangerous condition as it is likely to fall down at any time causing eminent danger to the public. He filed Ext.P2 petition before the first respondent regarding this aspect and the same was forwarded to the third respondent for a report and Ext.P3 report was obtained and on that basis, first respondent has passed Ext.P5 order. But, no steps have been taken by the first respondent to implement that order. So, he has no other remedy except to approach this court seeking the following relief:

(3.) THE only grievance of the petitioner is that Sub Divisional Magistrate namely the first respondent who passed Ext.P5 order is not implementing the order and delaying the same and according to the petitioner, the present condition of the building causes great danger to the public at large. This was denied by the Counsel for the 5th respondent as according to the learned Counsel, the 5th respondent had already filed objection before the Sub Divisional Magistrate in the above proceedings and necessary repairs have been made to the building and as such there is no eminent danger caused as apprehended by the petitioner now and it is only a show cause notice issued and only after passing final orders, the implementation aspect will arise.