SECRETARY MANGALAM GRAMA PANCHAYATH, POST MANGALAM, TIRUR TALUK, MALAPPURAM DISTRICT Vs. KACHERI KALICHATH ABDULKHADER @BAPPU

JUDGEMENT

(1.) Petitioner is the secretary of a grama panchayat. The panchayat constructed a road on the eastern side of the property of the first respondent. The first respondent filed an application before the sub-divisional magistrate complaining that the panchayat filled a water canal and it caused stagnation of water in front of the property of the first respondent. It was an application under Sec.133 of Cr.P.C. The sub-divisional magistrate passed final order. Ext P5 is a copy of the said order. In order to enforce Ext P5 order, the sub-divisional magistrate issued Ext P7 notice under Sec.141 of Cr.P.C. The said order is impugned in the present original petition.

(2.) Heard Sri.P.Chandrasekhar, the learned counsel for the first respondent and Sri.M.R.Dhanil, the learned public prosecutor.

(3.) I am constrained to dispose of the original petition without hearing the petitioner as there has been no representation on its side. The reliefs sought for in the original petition are two. One is to call for the records leading to Ext P7 order and set it aside. Ext P7 is in fact a notice issued under Sec.141 of Cr.P.C in order to see that Ext P5 order is implemented. Ext P5 order has been confirmed by this court as per Ext P6 order. Therefore the sub-divisional magistrate is duty bound to enforce Ext P5 order as confirmed by Ext P6 order. Ext P7 issued with a view to implement the said orders cannot be set aside.