CHINNATHURAI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This revision has been filed against the orders passed by the District Magistrate, Ariyalur in Na.Ka.No.D.1/3522/ 2001 dated 07.04.2001 under Section 138 Cr.P.C, directing the petitioner to remove the obstacles that cause nuisance in S.No.80/2, 0.13 ares, Azhagiyamanavalam Village, which is meant for public use.

(2.) The circumstances under which the impugned order came to be passed was that earlier by order dated 20.03.2001, the respondent had issued a show cause notice, calling for an explanation from the petitioner as to why the obstacles erected by him in the path meant for public use be removed at his cost. However, it appears the petitioner had not replied for the same and hence, the present impugned order has been passed.

(3.) The learned counsel for the petitioner would submit that the petitioner has not replied the show cause notice dated 20.03.2001, since the details of the obstacles which caused nuisance to the movement of the public were not mentioned in it. It is also further submitted that the petitioner is in possession of the land for a considerable length of time from the year 1962 onwards and there were no such allegations on earlier occasions that they obstructed or proved to be obstacles to the public movement. But all of a sudden, in the year 2001, the impugned order was passed, which, according to the learned counsel, was the result of some motive by parties with vested interest.