The main legal point established in the judgment is that Section 147 of the Criminal Procedure Code does not authorize attachment of property or appointment of a receiver. The court emphasized that the provisions in Chapter XII of the Code of Criminal Procedure are temporary and the final adjudication of rights must be by the civil court.

1. This revision arises out of the following order passed by the District Magistrate of Trichur in M.C. No. 51 of 1952:

"M.C.No. 51 of 1952.

1. K. Ravivarman Thirupad, Muthalpidi of the Ayyampilli Devaswom, Ayyampilli.

2. Mazhuvancheriparambath Thariath Ittiachen of Ayyampilli. Petitioners

1. Eralil Mathai Jacob. 2. Do. Mathai George, 3. Do. Vareed George, 4. Mazhuvancheriparambathu Paili Mathu. 5. Do. Paili Thariath. 6. Thekkekara Mathu Babastar. 7. Kochakkan Korath Jacob. 8. Thekkekara Vareed Varki, 9. Eralil Mathai Paul Poulose. 10. Thekkekara Chakku Poulose. 11. Puthusseril Ittikuriath Poulose. 12. Kochakkan Ittiamain Korath -All of Ayyampilli Muri.

Counter-Petitioners

PRELIMINARY ORDER

Wet lands including varambas, chiras and chals in survey Nos. 170 to 332 of Ayyampilli Muri, Kuzhupilli Village. From the facts set out in the report dated 11-11-1952 of the Circle Inspector of Police, Alwaye, and the enclosures thereto, I am satisfied that there is a dispute between the parties mentioned above regarding the right of fishing in the lands described in the margin and which is situated within the jurisdiction of this court, and that there is every likelihood of an imminent breach of the peace, unless immediate action is taken to prevent the same.

2. I therefore, require, under section 147 of the Criminal Procedure Code, the parties mentioned above to appear before this court in person or by pleader at 11 A. M. on 26-11-1952 in the camp court at Ernakulam and to put in written statements of their respective claims regarding the right of fishing in the marginally noted properties.

3. Since the matter is an emergent one, I hereby attach the properties in dispute and appoint the Sub-Inspector of Police, Munambam as Receiver thereof and further direct to allow the second petitioner to exercise the right of fishing in the disputed properties until otherwise directed from this Court.

Given under my hand and the seal of this Court this the 13th day of November 1952. Sd/- P.A. Mohyiddin,

District Magistrate."

2. The order was passed without hearing or issuing notice to any of the respondents. On the day next after the order, the 1st respondent knew about it and immediately applied to the District Magistrate for a stay of its operation to enable him to file a revision in this court. That application was allowed and the operation of the order was stayed until further orders. The next day, that is, on 14-11-1952, the 1st respondent in the court below filed this Criminal Revision Petition in this court and obtained an order of stay for seven days. Notice was issued on the Criminal Revision Petition with an order to call for the papers forthwith and post the petition for hearing to 18-11-1952.

3. The respondents in this revision are the two petitioners shown as such in the order of the court below and the Sub-Inspector of Police, Munambam who is the receiver appointed by that court. Mr. M.U. Isaac, the learned counsel for the petitioner, Mr. N.K. Narayana Pillai for the 1st respondent and Mr. K.P. Abraham for the 2nd respondent addressed before me a somewhat lengthy arguments which were commenced the day before and completed yesterday.

4. Paragraph 3 of the order is challenged on behalf of the petitioner as ultra vires the powers of the District Magistrate and void. The facts as represented before me are as follows;

5. Survey Nos. 170 to 332 noted in the margin of the impugned order form a block of lands measuring over one hundred acres with the backwaters on the east and a poramboke canal touching the said backwaters on the south. On the west and north lie lands on a higher level. This block is protected from the backwaters as also from the said poramboke canal by bunds. Inside the block, there are canals, two of which touch the backwaters and one the aforesaid poramboke canal. The bulk of the lands comprised in this block belongs in jenmom to the Ayyampilli Devaswom and is outstanding with tenants on kanom and other tenures. The rest of the