RAJENDRANATH V. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) A building permit was issued after all the legal formalities to the petitioner, for carrying out the construction of a multi-storied building having 13 floors. He has started the construction and completed the construction upto the 6th floor. While so, the District Executive Magistrate, Wayanad stepped in and initiated proceedings as if proceedings under Section 133 Cr.P.C.

(2.) Initially, Annexure-A4 order dated 30.01.2015 was issued, thereby directing the petitioner to stop the construction forthwith and in case of any objection to obey the order, to appear before the District Executive Magistrate on 05.02.2015 at 3 p.m., to show cause. On 05.02.2015, the petitioner filed an explanation.

(3.) On the next day to the passing of Annexure-A4, the District Executive Magistrate has passed Annexure-A5 order as if he was invoking the power under Section 142 Cr.P.C., and directed the petitioner to stop the construction forthwith. Annexure-A4 and Annexure-A5 are under challenge.