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1985 Supreme(Ker) 128

S.PADMANABHAN
T. P. Rajeevan – Appellant
Versus
Sub-divisional Magistrate – Respondent


Judgment :-

Unusually this petition has been filed invoking the inherent powers as well as the revisional jurisdiction of this Court jointly. The subject-matter of this petition is an order which is neither fish nor flesh. It was passed by the Sub-Divisional Magistrate, Tellicherry on 26-9-1984 on the application of the second respondent without specifying the provision of law under which the action was taken. The authority which empowered such an action is also not indicated in the order. Presumably, the order seems to have been issued under the provisions of Ss. 133, 137 and 138 of the Cr.P.C. and the order reads thus :

"Sri Velliyil Usmankutty S/o Bawa, Chethana, Kadirur has put in a petition before this Court, stating that the building bearing door No. 3/385 of Kadirur Panchayat in which you are running a tutorial college, under the name and style Sarathi is in a dilapidated condition and it requires urgent repairs and has requested to take action to vacate the building to carry out the repairs the enquiry also reveals that the building in question is quite unsafe and it is situated in a dangerous condition and it may fall down any moment.

You are therefore hereby directed and



















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