This proceeding is instituted by the respondent in M.C.No.186 of 2009 of the Sub Divisional Magistrate, Thrissur (for short, “the SDM”) purporting to be under Section 133(1)(b) of the Code of Criminal Procedure (for short, “the Code”). Vide Annexure-III, order the SDM made the conditional order issued on May 13, 2009 absolute and petitioner was directed to stop mining of clay from the property comprised in R.S.No.176/1 of Pananchery Village forthwith. Though, petitioner challenged that order before the learned Sessions Judge, Thrissur, the criminal revision was dismissed by Annexure-IV, order dated 05.02.2011. Hence this Criminal Miscellaneous Case. It is contended by learned counsel that the Sub Divisional Magistrate was more concerned with the validity of act done by petitioner than whether the act of petitioner amounted to any trade or occupation which injuriously affected the health or physical comfort of the community. It is also contended by learned counsel that Section 133(1)(b) of the Code has no application to the facts of the case. It is further contended that evidence of the Village Officer is not sufficient to warrant a conclusion that the act of petitioner affected the health or physical comfort of the community injuriously. At any rate petitioner was not given sufficient opportunity to adduce
