IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 Crl.Rev.Pet.No. 2474 of 2008() ---------------------------------- ORDER NO. L2-17989/07 DATED 18.07.2008 of DISTRICT MAGISTRATE, WAYANAD. REVN. PETITIONER/PETITIONER: ------------------------------------ M/S.ATHANI BRICKS AND METALS (PVT.)LTD., NARIPPARA.P.O, VARAMBETTA, PADINJARATHARA, KALPETTA, WAYANAD-DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR MATHEW JOSEPH. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS/STATE: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DISTRICT COLLECTOR, WAYANAD. BY ADV. SRI. C.M NAZER, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 2474 of 2008 ========================== Dated this the 24th day of July, 2008. ORDER The revision petitioner, who is running a granite quarry as well as stone crusher unit at Padinjarathara village in Vythiri taluk of Wayanad District, challenges Annexure A18 order dated 18.07.2008 passed by the District Collector, Wayanad restraining the operation of the quarry as well as the crusher until further orders by invoking the power under Section 133 Cr.P.C. The operative portion of Annexure 18 order reads as follows:- 2. Even though the learned Public Prosecutor prayed for CRL.R.P. NO. 2474/2008 : 2: time to get instructions from the District Collector, since the order passed by the 2nd respondent Collector is ex facie illegal and contrary to the provisions of the Cr.P.C, no useful purpose will be served by giving time to the Public Prosecutor to take instructions. As the section itself indicates, if a District Magistrate or a Sub Divisional Magistrate or any other empowered executive Magistrate is satisfied on relevant material that there is any unlawful obstruction or nuisance, which would be removed or abated, he can pass a conditional order requiring the obstructor or the person causing nuisance to do any of the six acts referred to in Section 133 Cr.P.C as may be applicable, within a stipulated time or if the obstructor objects to do so, to appear before the Magistrate at the time and place to be fixed in the order and show cause why the order should not be made absolute. It is only by passing a conditional order as aforesaid under Section 133 Cr.P.C can the Magistrate proceed further. Instead, the impugned order produced as Annexure 18 partakes the character of a final order under Section 138 and that too, passed without any enquiry under Section 137 or recording of CRL.R.P. NO. 2474/2008 : 3: evidence and without any duration. Since Annexure A18 order is per se illegal and contrary to the provisions of the law, it is set aside without prejudice to the authority of the Magistrate to pass appropriate orders in accordance with law, if the circumstances so warrant. Dated this the 24th day of July, 2008. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 2474/2008 : 4: