HEALTH INSPECTOR ALWAYE Vs. SIVASANKARAN

JUDGEMENT

(1.) These appeals filed by the Health Inspector, Municipal Council, Alwaye, arise from orders of acquittal passed by the Judicial Magistrate of II Class, Alwaye, in five separate complaints filed by the appellant. As the points arising for decision in these appeals are common, the counsel appearing for both sides agreed and submitted that these appeals may be disposed of by a common judgment.

(2.) Crl. Appeal Nos. 333, 335, 391, 393 and 395 of 1976 arise from the orders passed respectively in C. C. Nos. 1252, 1220, 1210,1213 and 1209 of 1975. The complaint generally against the accused in these cases is that some of them are running saw mills, while others are manufacturing bricks within the limits of the Municipality by using electric motors of different H. Ps. varying from 20 H. P. to 115 H. P. without taking licence. All these cases related to the period 1974-75. According to the prosecution, in accordance with the notification under S.284 of the Kerala Municipalities Act, no place within the Municipal limits shall be used for any one or more of the purposes specified in Schedule III without taking a proper licence paying the necessary fee and the respondents herein were running saw mills and manufacturing bricks using electric motors without taking a licence and they thereby violated S.284 read with S.389 of the Kerala Municipalities Act and committed offences punishable under

(3.) The Health Inspector alone was examined as Pw. 1 in all these cases on behalf of the Municipality.