P MARAPPAN Vs. DISTRICT COLLECTOR NAMAKKAL

JUDGEMENT

(1.) THE revision petitioner herein preferred this revision challenging the order passed by the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Namakkal in Na.Ka. No. 604/10-M1 dated 22.3.2010 under Section 133 Cr.P.C.

(2.) THE property comprised in S. No. 122/3 is situated in Keeranoor village, Rasipuram Taluk and it is a patta property. According to the petitioner, he is the owner of the said property. According to the respondents 7 to 9, there is a pathway which is being used by the villagers. As the petitioner had digged a pit, an obstruction was caused in the pathway. A summon was sent by the Sub-Divisional Magistrate dated 4.2.2010 to the petitioner herein directing him to appear on 12.2.2010. THE petitioner subsequently appeared on 8.3.2010. On 2.3.2010, a show cause notice was issued to the petitioner herein for closing the pit and to permit the public to use the pathway. THE petitioner was also directed to appear on 8.3.2010. THE petitioner also appeared on 8.3.2010. Subsequently, on 19.3.2010, final order was passed by the Sub-Divisional Magistrate directing the Tahsildar, Rasipuram to close the pit and to set right the path.

(3.) MR. K. Doraisamy, learned Senior Counsel appearing for the respondents 7 to 9, submitted that from the main road., there is a cart-track on the fields for the people going to the village. The revision petitioner deliberately digged a pit caused obstruction in the pathway. The learned Senior Counsel further pointed out that the petitioner who had appeared before the Sub-Divisional Magistrate saying that the matter would be settled and sought time for five days and he had also given an undertaking in writing that he would appear after five days, but deliberately he has not appeared. Only in the said circumstance, as there was an imminent danger, the learned Sub-Divisional Magistrate rightly passed the final order.