ANNAKODY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The revision petitioner is the counter petitioner in M.C. No.11 of 2014 on the files of the Court of the Sub Divisional Magistrate, Devikulam, who in this revision petition challenges the order passed by the court below under Section 138 of the Code of Criminal Procedure (for short 'Cr.P.C.')

(2.) The respondent Nos.3 to 5 and others filed a petition before the Sub Divisional Magistrate, Devikulam alleging that the revision petitioner was unauthorisedly conducting a cardamom drier, which would cause health hazards to the nearby residents.

(3.) On receipt of the said complaint, the learned Sub Divisional Magistrate called for a report from the Village officer, Pooppara. Thereafter, the learned Sub Divisional Magistrate issued a conditional order directing the revision petitioner to stop the functioning of the above said drier or to appear before the learned Sub Divisional Magistrate on 3.12.2014 at 11.00 a.m. and show cause why the conditional order should not be made absolute.