High Court Kerala High Court

Joseph vs Smt.Kamalakshi Amma on 24 January, 2008

Kerala High Court
Joseph vs Smt.Kamalakshi Amma on 24 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3574 of 2007()


1. JOSEPH, PULIYAMPILLY HOUSE,
                      ...  Petitioner

                        Vs



1. SMT.KAMALAKSHI AMMA, LAKSHMI VILASOM,
                       ...       Respondent

2. SRI.RADHAKRISHNAN, ROOPESH BHAVAN,

3. STATE OF KERALA, REP. BY PUBLIC

                For Petitioner  :SRI.H.SIVARAMAN

                For Respondent  :SRI.BABU CHERUKARA

The Hon'ble MR. Justice R.BASANT

 Dated :24/01/2008

 O R D E R
                            R. BASANT, J.
                  - - - - - - - - - - - - - - - - - - - - - -
                  Crl.R.P.No. 3574 of 2007
                  - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 24th day of January, 2008

                               O R D E R

This revision petition is directed against an order passed by

the Sub Divisional Magistrate under Section 138 Cr.P.C. making

absolute an earlier conditional order passed under Section 133

Cr.P.C. By the said order, the Sub Divisional Magistrate had

directed that one Anjili tree and two coconut trees which stand

in the property in the possession and control of the petitioner

and which lean over the adjacent house of the complainant be cut

and removed.

2. The conditional order under Section 133 Cr.P.C. was

duly served on the petitioner. The petitioner entered appearance

and filed a counter statement. He asserted that he is not the title

holder of the property. The records show and it is not disputed

that the property belongs to the daughter of the petitioner herein,

who as also her husband are both employed abroad. Virtually

there is no plea or contention that the petitioner is not in

management of the property in question, where the trees in

Crl.R.P.No. 3574 of 2007
2

question stand. The Sub Divisional Magistrate, before passing the

conditional order, had obtained a report from the Village Officer, in

which it was confirmed that the trees stand in a dangerous condition

posing imminent danger to the house of the complainant and its

occupants.

3. In fact the impugned order under Section 138 Cr.P.C. further

shows that both parties were heard and “the counter petitioner

(petitioner herein) admits that the trees are in a dangerous condition”.

Be that as it may, the only technical ground which is raised before me

is that the petitioner is not the title holder and consequently he cannot

be directed to cut and remove the trees. The counter statement filed

does not show that any objection whatsoever was raised against the

assertion that the trees were in a dangerous condition and they pose

imminent danger to the complainant’s house.

4. The direction in the instant case has been issued not to a

stranger, but to the petitioner, who, without dispute is the father of the

title holder and is looking after the interests of the title holder in the

property in the absence of the title holder in India. I am, in these

circumstances, satisfied that the very technical objection raised that the

Crl.R.P.No. 3574 of 2007
3

petitioner is not the title holder cannot be held to persuade this Court to

invoke the revisional jurisdiction of superintendence and correction.

5. I must alertly remind myself of the nature, quality and

contours of the revisional jurisdiction of superintendence and

correction vested in this Court. Any and every error committed by a

subordinate court shall not ipso facto persuade this Court to

mechanically invoke its revisional powers of superintendence and

correction. The conscience of the Court must be satisfied that failure

of justice does result by the alleged incorrectness/impropriety in the

proceedings/order. I find no incorrectness, impropriety, illegality or

irregularity in the impugned order. The mere fact that the person in

management of the property does not have title over the property shall

not vitiate an order issued under Sections 133 and 138 Cr.P.C. At any

rate, revisional interference is not warranted.

6. This revision petition is accordingly dismissed.





                                                (R. BASANT)
tm                                                   Judge