LAWS(KER)-1975-2-16

PARAMESWARAN NAIR Vs. MADHAVAN NAIR

Decided On February 14, 1975
PARAMESWARAN NAIR Appellant
V/S
MADHAVAN NAIR Respondents

JUDGEMENT

(1.) REVISION sought for here is of an order passed under S 137 (3) of the old Criminal Procedure Code of 1898-S. 138 (2) of the new Code of 1973-makmg absolute a conditional order passed under the first clause of S.133(1) -S. 133 (l)(a) of the new Code. In the conditional order after stating that he was satisfied that the revision petitioner had by raising the level of his property in S. No. 78/1 in Nemmara village and by constructing a compound wall on that property obstructed the free flow of rainwater from the panchayat road in S. No. 76 in the same village through his property and thereby allowed water to senate on the road making it impossible for the pedestrians to use the road and thus caused nuisance to the public in using the road the Executive First Class Magistrate, Palghat, directed the revision petitioner to remove the obstruction caused to the free flow of rainwater from the road through his land in S. No. 78/1.

(2.) THE Panchayat road lies east to west at the place. THE property of the revision petitioner is on the northern side of it. Properties to the east of it belong to respondents 1 and 2. To the south of the road opposite to the revision petitioner's property is another property belonging to the first respondent. At a place to the north-west of that property the road turns south and joins the Trichur-Chittur road.

(3.) S.133 (1) of the Code so far as is relevant for the present purpose reads: