PANCHAYAT EXECUTIVE AUTHORITY VYTTILA Vs. RAPHAEL

JUDGEMENT

(1.) THE Executive Authority, Vyttila Panchayat has filed this appeal against the order of acquittal passed by the 2nd Class Magistrate, ernakulam in C. C. 5722/59 acquitting the accused who had been prosecuted for an offence under S. 104 (I) read with S. 80, 85 and 97 [1] of the T. C. Panchayat act II of 1950 read with Bye-laws 1 and 8 framed under S. 80 of the Act.

(2.) UNDER S. 80 of the Panchayat Act the Panchayat may, with the previous approval of the Director, notify that no place within the limits of the Panchayat area shall be used for, any of the purposes which in the opinion of Government are likely to be offensive or dangerous to human life or health or property, without a licence from the Executive Authority and except in accordance with the conditions specified therein. Government have by notification duly published, specified the items which in their opinion are likely to be offensive or dangerous to human life or health or property. In column 2 of the schedule given in the notification, using a place for lime manufacture requires licence under S. 80 of the Panchayat Act.

(3.) IT is amply proved that there is a lime kiln in the field lying on the eastern side of the Mannanathuparambu situated within the panchayat limits. IT is admitted that a lime kiln had been constructed by the accused. In para 6 of the judgment the learned Magistrate has discussed the question whether the accused did really manufacture lime and has found on the evidence that the accused had worked the kiln on 21-10-59, 26-10-59 and 6-11-59 as alleged by the prosecution. This finding has not been challenged by the learned counsel for the defence.