V V BALAKRISHNA NAMBIAR Vs. R MADHAVAN NAMBIAR

JUDGEMENT

(1.) The petitioner and his sister Madhavi Amma (grandmother of the respondent) are residing in house No. C. P. 3/48 in Cherukunnu Panchayat. Respondent is residing at Cannanore and he is not having any right over the above building. There is some existing dispute between the petitioner and Madhavi Amma regarding title and possession over the abovesaid building and the land. In that connection some civil suit is also pending.

(2.) A tree standing close to the building is alleged to be in such a condition as to attract the provisions of S.133(1)(d) of the Code of Criminal Procedure, here-in-after referred to as 'the Code'. On the basis of an information received, by a petition filed by the respondent, the Sub Divisional Magistrate called for reports from the Police as well as the concerned revenue authorities. On getting satisfaction that the conditions contemplated under S.133(1)(d) exist, the Sub Divisional Magistrate passed a conditional order and issued notice to the petitioner. The petitioner objected. He raised some preliminary objections. That was negatived by the Sub Divisional Magistrate by order dated 17-9-1983 It was ordered:

(3.) The petitioner mainly alleged two grounds: (1) the respondent has no locus standi to move the Sub Divisional Magistrate since he is not an occupant of the building, passer by, neighbour or otherwise, who is likely to be affected by the fall of the tree and (2) no public right is involved and it is only a matter affecting the petitioner and he is having the right to decide whether he is to put up with the danger or not.