IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 860 of 2008() ------------------------ PETITIONER: ------------ M.P.SADIK, S/O.LATE ABOOTTY, AGED 42 YEARS, MELEPOOLAKKAL HOUSE, P.O.MARIKUNNU,KOZHIKODE. BY ADV. SRI.R.SUDHISH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTING THE REVENUE DIVISIONAL OFFICER KOZHIKODE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE VILLAGE OFFICER CHEVAYOOR, KOZHIKODE. 3. T.P.ZAHIR S/O.T.P.AHAMMED KOYA HAJI KANJIRATHINGAL , CHEVAYOOR MARIKUNNU, KOZHIKODE 673 012. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 860 of 2008 * * * * * * * * * * * * * * * * * * Dated: 18-03-2008 ORDER Petitioner who was the respondent in the proceedings before the Revenue Divisional Officer, Kozhikode initiated as C-7902 of 2007 challenges the order dated 8-2-2008 directing him to restore the natural drain to its original condition, as it was found that the petitioner had filled up the drain and blocked the free flow of water through the drain to the detriment of the National Highway as well as to the 57 local residents who had moved the Revenue Divisional Officer at the instance of the 3rd respondent herein. 2. The report dated 10-3-2008 of the Revenue Divisional Officer shows that the 3rd respondent and the 57 local residents had first moved the Executive Engineer, P.W.D., N.H. Section alleging that the petitioner herein had blocked a culvert and filled up a natural drain having a width of 1.25 metres and had widened the lane to about 3 metres and after filling up the Crl.M.C. No. 860 of 2008 -:2:- natural drain it was being used as a private road to the house of the petitioner, Smt. Ayshabi and Smt. Zeenath etc. 3. On the request of the Assistant Engineer, P.W.D. and after calling for a report of the Village Officer, the Revenue Divisional Officer called both the petitioner herein and the 3rd respondent for a hearing on 24-01-2008 and thereafter passed the impugned order dated 8-2-2008 directing the petitioner herein to restore the natural drain. 4. Eventhough this Court had asked the Revenue Divisional Officer to explain regarding the jurisdiction which he was exercising while passing the impugned order, his report dated 10-3-2008 is silent about the said jurisdiction But from the contents of the said letter it is clear that he was exeercising the jurisdiction under Sec. 133 Cr.P.C. If so, that order should have been worded in accordance with Form XX of the II Schedule to Cr.P.C. That has not been done. The impugned order dated 8-2- 2008 is accordingly set aside and the first respondent Revenue Divisional Officer is directed to proceed in accordance with law by passing of a conditional order under Sec. 133 Cr.P.C. in accordance with Form XX of the II Schedule to Cr.P.C. giving the Crl.M.C. No. 860 of 2008 -:3:- petitioner an opportunity of showing cause. He shall, thereafter, conduct an enquiry after taking evidence and shall pass a final order in accordance with law. The R. D.O. shall also be entitled to issue an injunction pending enquiry under Sec. 142 Cr.P.C. if the conduct of the petitioner warrants such an order. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE ani/