SOMANATHAN S/O.KRISHNA, AGED 63 YEARS, THIRUVANGADAN HOUSE, MANANTHAVADY POST, WAYANAD Vs. SUB DIVISIONAL MAGISTRATE (RDO) MANANTHAVADY, WAYANAD

JUDGEMENT

(1.) The petitioner herein claims to be a tenant of a building No.MP XV/745 belonging to the 2nd respondent herein. The petitioner claims that, as a tenant he is running a business in that room since 1991 with valid licence. Sec. 133 Crimial P.C. proceedings were initiated by the 1st respondent in relation to the buildings including the building under the occupation of the petitioner herein. A preliminary order was passed evidenced by Annexure A2.

(2.) The grievance of the petitioner herein is that, the 1st respondent is proceeding with 133 Crimial P.C. proceedings without serving notice on him and without he being heard. The grievance of the petitioner herein is that, he being the person in possession of the disputed building is entitled to be heard. Notice was served on the respondents 2 and 5.

(3.) Crl.M.A. 10962/2016 has been filed to delete respondents 3, 4 and 6 from party array. They are stated to be the other tenants who are also party to the proceedings. Hence, the above application is allowed and they are deleted from the party array. R7 is also reported to be another tenant against whom no relief is sought. Hence, the notice to R7 is dispensed with.