VELAYUDHAN PILLAI Vs. VASANTHAKUMARI

JUDGEMENT

(1.) ONE Velaydhan Pillai has filed this revision challenging the order passed by the Executive Magistrate i.e., Revenue Divisional Officer, Padmanabhapuram, Kanyakumari District in his Na.Ka.Aa-4/14071/97. The revision petitioner is the respondent in the said proceedings.

(2.) ONE Vasanthakumari filed a petition purporting to be under Sec.145, Crl.P.C. before Revenue Divisional Officer, Padmanabhapuram, Kanyakumari district alleging that she is the owner in possession of 14 1/2 cents of land comprised in R.S.No.388/13 of Kollemoode village in Kanyakumari District, that the relevant old Survey Numbers are 1158 and 1159 of Kollemoode village, that the property is a compact area with well defined boundaries on all its four sides, that there are yielding coconut trees, that the petitioner has obtained patta for the said extent and she is paying tax to the Government, that the counter petitioner one Velaydhan Pillai has no title or possession over the said property, that while so, the counter petitioner with the object of forming a road through her property has brought into existence a sale deed without the consent and knowledge of the petitioner on 22.9.1997, that the executant of the sale deed has no title or possession over any area in the property, that the sale deed is not valid and will not confer any right or title to the counter petitioner, that the counter petitioner has no right to form a road though the property of the petitioner, that an attempt to form a road was made by the respondent on 12.9.1997 by engaging some men during night hours, that the petitioner is helpless and therefore she has filed this petition praying for protection as against the acts of the respondent.

(3.) THE point for consideration is as to whether the order passed by the Executive Magistrate, Padmanabhapuram is liable to be set aside in this revisione