ABRAHAM THOMAS Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This is an application filed by the counter petitioner in proceedings No. 2915/2014-B3 of Sub Divisional Magistrate, Thiruvalla and revision petitioner in Crl.R.P. No. 4/2015 on the file of the Sessions Court, Pathanamthitta challenging the impugned order of both courts below under Section 482 of the Code of Criminal Procedure (hereinafter called as the Code).

(2.) It is alleged in the petition that petitioner is the counter petitioner in proceedings No. 2915/14-B of Sub Divisional Magistrate, Thiruvalla initiated under Section 133 of the Code on the basis of a complaint filed by the 2nd respondent alleging that the petitioner had constructed a rubble retaining wall encroaching a portion of drainage-stream that runs between the properties of the petitioner and the 2nd respondent. On account of the same, during the rainy season, obstruction caused to the free flow of water causing flood in the property affecting the stability of electricity posts causing danger to the public. So he filed a petition before the Sub Divisional Magistrate to initiate proceedings against the petitioner and directing the petitioner to remove the retention wall and restore the stream-drainage to its original position.

(3.) On the basis of the complaint, after getting a report from the Village Officer, the Sub Divisional Magistrate passed Annexure-A1 conditional order under Section 133(1) of the Code directing the petitioner to remove the retention wall or submit a show cause as to why the order should not be made absolute within seven days. Otherwise it will be deemed that he had no objection for the same and the order will be made absolute. The petitioner appeared and filed Annexure A2 objection denying the allegations and also denying the existence of any public right or causing of any public nuisance as claimed by the petitioner. According to the petitioner, the learned Sub Divisional Magistrate without complying with the formalities, passed Annexure-A3 order confirming the conditional order passed. The petitioner filed Annexure-A4 revision before the Sessions Court, Pathanamthitta against Annexure-A3 order as Crl.R.P. 4/2015. The learned Sessions Judge by impugned Annexure-A5 order dismissed the revision. Aggrieved by the same, the present petition has been filed by the petitioner challenging both the orders.