T K KELAPPAN Vs. REVENUE INSPECTOR

JUDGEMENT

(1.) Counter- Petitioner in M.C. 37/83 on the file of the Sub-Divisional Magistrate, Kozhikode is the petitioner. The petition was filed under section 482 of the Code of Criminal Procedure praying that the ex-parte order of injunction issued by the Sub-Divisional Magistrate on 22/2/1983 may be quashed.

(2.) Petitioner is the proprietor of a saw mill which started functioning more than a decade back. The mill is housed in 20 cents of land belonging to him, For the purpose of stocking timber for the use in the mill he bas taken on rent 50 more cents of land. He is having nine employees in his saw mill. Near his saw mill there is also another saw mill owned and run by somebody else In front of the mill there is a public road. There is road puramboke also by the side of the road It is included in R.S. No. 62 of Kunnumal Desom.

(3.) Proceedings were initiated against the petitioner and the other mill ower for having stocked timber unauthorized in the sircar puramboke. Both of them were penalized. In appeal they were absolved from the liability to pay the fine. So also the Asst. Collector asked them to apply for licence to stock timber in the puramboke. Accordingly applications were filed by them and they are said to be pending even now.