P.NARAYANA PILLAI
VAREED PORINCHUKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
1. Revision sought for here is of an order passed by the District Magistrate (Judicial), Trichur, refusing to rescind under S.144 (4) of the Criminal Procedure Code an order passed ex parte by the Executive First Class Magistrate, Trichur, more than six years back prohibiting members of the A Party and the public in general from using the property blocked in Survey Numbers 1178 and 1179 of Eyyal Village in Thalappally Taluk as a burial ground.
2. It was on 6-10-1964 that that order was passed. The duration of the prohibition in the first instance was only two months. But the State Government acting under Sub-section (6) extended it first till 5-1-1965 by notification dated 4-12-1964 and thereafter" until further orders by another notification dated 2-1-1965.
3. On 2311965 A Party applied under Sub-section 4 of the Section to the Additional Executive District Magistrate, to whom the Executive First Class Magistrate is subordinate, for cancellation of the ex parte order. He merely lodged it. Then A Party filed another application on 14101965 before him for the same relief. On 20101965 he disposed it of by saying that the request could not be granted. From that order Crl. RP
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