RADHAMANI AMMA D/O.KARHYAYANI AMMA Vs. SHANMUGHAN, S/O.RAGHAVAN

JUDGEMENT

(1.) The petitioner herein is the respondent in M.C.No.267 of 2014 on the file of the Sub Divisional Magistrate (for short the 'SDM'), Thrissur. The said petition was originally filed against one Vinod by the respondent herein complaining that a coconut tree, which was standing in the north-east corner of his property, was standing in a dangerous condition.

(2.) A conditional order was issued which was made absolute as the respondent did not appear before the SDM. As the coconut tree stood in her property, the petitioner approached the Court of Sessions by filing a revision petition. The impugned order was set aside and the learned Magistrate was directed to consider the matter afresh. It appears that the petitioner herein entered appearance and filed a detailed objection to the petition.

(3.) The case was posted on numerous occasions and later when the same was taken up on 31.8.2016, finding that there was no one to represent the petitioner herein, the order was made absolute. According to the petitioner, no evidence was taken and the learned SDM has failed to comply with Section 138 of the Code of Criminal Procedure.