DEVAKI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner Devaki Amma whose legal heir is her son, the second petitioner, had in her ownership a commercial building in which there were several rooms. The rooms were rented out to several persons, one of them is the second respondent. The first petitioner filed a petition before the local Sub Divisional Magistrate alleging that the building was on the verge of collapse and it was necessary to demolish and remove it to avoid injury to persons passing by the road running along the boundary of the property. Her prayer is to direct the second respondent to vacate the room occupied by him as tenant. The Sub Divisional Magistrate passed Annexure-II conditional order directing the second respondent to vacate the room. After several rounds of litigation the Sub Divisional Magistrate passed the impugned final order directing the second respondent to vacate the room in his occupation. This was challenged before the Sessions Judge, Pathanamthitta. The learned Additional Sessions Judge heard the revision petition, allowed it and set aside the final order. This is challenged in this Revision Petition.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor.

(3.) The learned Sessions Judge set aside the final order passed by the learned Sub Divisional Magistrate on the ground that there was no sufficient evidence to hold that the building was in a such condition that it was likely to fall.