KOZHIKODE MUNICIPALITY Vs. KUNHIBI

JUDGEMENT

(1.) THIS is an appeal filed by the Kozhikode Municipality against an order of acquittal passed by the Honorary Special First Class Magistrate, Kozhikode.

(2.) THE accused was prosecuted by the Municipality for failure to comply with the order requiring her to demolish the unauthorised construction effected by her in respect of her building situated within the municipal limits. THE charge was under S. 216 and 317 of the Madras District municipalities Act, V of 1920. She was represented by a pleader who denied the charge. THE learned Magistrate acquitted the accused on the ground that a confirmatory order as envisaged in S. 216 (3) of the Act has not been served on the accused.

(3.) IN the result the order of acquittal is set aside and the accused is convicted under S. 216 and 317 of the Madras District municipalities Act and sentenced to pay a fine of Rs. 25 or in default to suffer simple imprisonment for one week. Time for payment of fine one month from this date. Allowed.