P. UBAID, J.

1. What is under challenge in this revision is the final order passed by the Sub Divisional Magistrate, Fort Kochi in M.C No.64/13/M on 9.10.2013 in a proceeding initiated under Section 133 Cr.P.C. by the second respondent herein. On the basis of report received from the Deputy Tahsildar, the local Village officer and the Health Inspector, provisional order was passed by the Sub Divisional Magistrate, requiring the revision petitioner herein to take some measures for the abatement of the alleged nuisance. Subsequently, the Sub Divisional Magistrate passed final orders, making the provisional order absolute, and directing the revision petitioner herein to take necessary measures for abatement of nuisance, as directed in the provisional order.

2. On hearing both sides, and on a perusal of the impugned order I find that the impugned order was passed by the Executive Magistrate without complying with the procedure prescribed under the law. It is seen from the order that after passing the provisional order, the matter was taken for hearing on 27.9.2014. On the date the parties appeared, and the matter was posted on 8.10.2013. On that day, the petitioner was not present