RAJAPPAN Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) This petition is moved under S.482 Cr.P.C, to judicially review the order passed by the Sub Divisional Magistrate, Kottayam under S.133 Cr.P.C. in M.C. No. 79 of 1995.

(2.) A petition dated 28.3.1994 was filed by the 2nd respondent, P.K. Mohandas, Puthenparambil House, Kolladu P.O. before the Sub Divisional Magistrate on the allegation that the present petitioner, Rajappan is trying to construct a latrine very near to his house well and if he is allowed to construct the latrine, the well water of the second respondent will get contaminated thereby causing injury to the health of his family members.

(3.) The Sub Divisional Magistrate, on receiving a report of the Executive Officer, Panachikkadu Panchayath, passed the above said order with the following operative portion: