BHASKARAN PILLAI SUDHEENDRA KUMAR, J.

1. The revision petitioner is the counter petitioner in M.C. No. 141/12/M on the files of the Court of the Sub Divisional Magistrate, Fort Kochi. The third respondent filed a complaint before the learned Sub Divisional Magistrate alleging that the revision petitioner had removed the red earth from the eastern boundary of the property of the revision petitioner, causing land sliding of the third respondent's western boundary and thereby causing danger and nuisance to the third respondent herein.

2. On receipt of the said complaint, the learned Magistrate called for a report from the Village Officer concerned. Thereafter, the leaned Magistrate issued a conditional order under Section 133(1) of the Code directing the revision petitioner to construct a protection wall along the eastern boundary of his property within 30 days or to appear before the learned Magistrate on 07/12/2012 at 11 a.m., and show cause why the conditional order should not be made absolute.

3. The revision petitioner appeared before the leaned Magistrate and filed objection. Thereafter, the learned Magistrate made the conditional order absolute under Section 138(2) of the C