VILSY DANIEL Vs. CORPORATION OF TRIVANDRUM

JUDGEMENT

(1.) The petitioner was prosecuted in Summary Trial No. 1533 of 1965 before the Additional I Class Magistrate, Trivandrum, for offences punishable under Ss.263 (1), 378 and 383 of the Kerala Municipal Corporation Act, 30 of 1961, as amended by Act 13 of 1964, hereinafter called the Act, in that she constructed a compound wall on the boundary of her property without getting the permission of the Commissioner of the City Corporation. The petitioner contended that the wall in question was constructed 7 1/2 links within her compound, that the wall is not abutting on any public street and is less than 8 feet in height and so no permission was required under the law for the construction of the wall. The Trial Court convicted the petitioner and sentenced her to pay a fine of Rs. 30/-, in default to undergo simple imprisonment for one month. This petition challenges the validity of that order.

(2.) Counsel for the petitioner submitted that by constructing the boundary wall, the petitioner has not committed any offence as the boundary wall was not 8 feet in height and that by constructing such a wall he cannot be said to have constructed a 'building' within the meaning of S.3 (4) defining "building". S.242 (1) of the Act reads:

(3.) It was next submitted that the wall does not abut on any public street and therefore S.242 or 244 has no application. There is no evidence or finding that the public have a right to walk on the street. The definition of the word 'public street' in S.3(29) is as follows: