SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Ker) 322

RAJA VIJAYARAGHAVAN V.
M. P. Narayana Menon – Appellant
Versus
K. Sundaribhai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T. Krishnanunni, P.K. Mohanan (Palakkad), Vinod Ravindranath, S.A. Saju, A. Meena, K.C. Kiran, M. Devesh
For the Respondents: J.R. Prem Navaz, P.T. Sheejish, Rajesh Vijayan

JUDGMENT :

1. Sustainability of an order passed under Section 138 of the Code of Criminal Procedure (hereinafter referred to as “the Code” for brevity) solely on the basis of a consensus order passed in a proceeding under the Legal Services Authorities Act, 1987 is the question raised in this petition filed under Section 482 of the Code.

2. The petitioner herein is residing in a property which lies adjacent to the residential home of the first respondent herein. Certain trees standing in the property of the petitioner is alleged to be in such a condition as to attract the provisions of Section 133(1)(d) of the Code. On the basis of information received by way of a petition filed by the first respondent herein, the Sub Divisional Magistrate called for reports from the Village Officer. On being satisfied that the conditions contemplated under Section 133(1)(d) of the Code exists, the Sub Divisional Magistrate passed a conditional order and issued notice to the petitioner. The petitioner objected by filing Annexure-2. While so, the case was made over to the Tirur Taluk Legal Service Committee and after a discussion, Annexure-3 order was passed by which it was decided that the conditiona













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top