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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
SREEKANDAN – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenging the authority of the sub divisional magistrate. (Para 1 , 2) |
| 2. civil nature of the dispute and jurisdiction issues. (Para 3 , 4) |
| 3. arguments regarding public danger and procedural law. (Para 5) |
| 4. court's conclusions on jurisdiction and proper legal frameworks. (Para 7) |
ORDER
The challenge in this Crl.M.C is against Annexure A7 order of the Sub Divisional Magistrate, Nedumangad directing the petitioner to construct a strong supporting wall at the boundary adjoining the property of the 2nd respondent and to restore the way on the northern side of the property. The proceedings that culminated in the issuance of Annexure A7 commenced from a complaint submitted by the 2nd respondent alleging that the petitioner had excavated the petitioner's land adjoining his boundary to a depth of 5 meters and for a length of 30 meters. As a result there is imminent possibility of the 2nd respondent's property sliding down. In the complaint it was also alleged that in the course of such excavation, the way on the northern side of the 2nd respondent's property was dug up.
2. The Sub Divisional Magistrate initially passed Annexure A5 order under Section 133 and after hearing
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