The Executive Sub-Divisional Magistrate, Trichur, had passed a conditional order dated 28th March, 1979, under section 133 (1)(d) of the Code of Criminal Procedure, directing respondents 1 to 3 to cut and remove three poola trees and one jack tree standing on the northern boundary of the petitioners’ compound dangerously situated and liable to fall on the house of the petitioners. That order was passed on the basis of the reports submitted by the Tahsildar, Trichur and Sub-Inspector of Police, Trichur, Town West and directed the respondents to cut and remove the said trees on receipt of the order and also called upon them to show cause why that order should not be enforced and made absolute.

2. The respondents filed their objections in answer to the preliminary order, inter alia contending that this is civil dispute and not a public nuisance, in relation to which alone, the power under section 133 of the Criminal Procedure Code should be exercised. During the course of the proceedings, the respondents herein filed a revision petition before the Court of Sessions, Trichur under section 397 of the Code of Criminal Procedure and also obtained an order of stay against the conditi