ARULCHITTAR Vs. TAHSILDHAR CUM EXECUTIVE MAGISTRATE THANJAVUR

JUDGEMENT

(1.) THIS criminal revision case is directed against an order passed by the Tahsildhar-cum-Executive Magistrate, Thanjavur, dated 20. 5. 1993 under Sec. 133 (d) of the Crl. P. C. directing the revision petitioner to remove the premises in which he is conducting a school. THIS order was passed on the basis of a report by the Assistant Educational Officer, Thanjavur. It appears the school in question is about 10 feet away from an old big building which is known as' 'Sangeetha Mahal' '. The report of the assistant Educational Officer is to the effect that the school building is on the western side of the Sangeetha Mahal and the western side wall of the sangeetha Mahal may at any time collapse and fall on the school building and that may cause injuries to the students studying in the school. Considering this the Tahsildar-cum-Executive Magistrate has passed the impugned order.

(2.) NOW it is argued by Mr. Panchapagesan, learned counsel appearing for the revision petitioner that if it is true that the Sangeetha mahal is old and dilapidated and will fall at any time, under Sec. 133 of the crl. P. C. that building can be ordered to be removed and not the school building. A reading of Sec. 133, Crl. P. C. clearly shows tha .