1. One Koyatti who received a notice from the Executive First Class Magistrate, Kozhikode, purporting to be under S.133 of the Criminal Procedure Code stating:

"Whereas it has been made to appear to me that you have failed to vacate the buildings in T. S. No. 226 in Ward XVII Block 3 acquired as per award No. 34/64 dated 30-9-1964 for a government purpose in spite of the notice under L. A. Act already served on you and whereas it has become expedient to get the buildings and land vacated as it has been acquired for a Government purpose. I do hereby direct and require you within 48 hours of the receipt of this notice to vacate the said buildings and surrender possession to the Special Tahsildar (L. A.) Kozhikode who has received necessary directions in the matter or to appear before me on 31-3-1965 at 11 a. m. at my court and show cause why this order should not be enforced."

is the revision petitioner.

2. The order is sought to be cancelled on the ground that it is passed without jurisdiction since S.133 of the Criminal Procedure Code does not invest the Magistrate to pass an order directing the surrender of a building which is the subject matter of land acquisition procee