COMMISSIONER PALAYAMKOTTAI MUNICIPALITY PALAYAMKOTTAI Vs. VAIKUNDA MURTHY NADAR

JUDGEMENT

(1.) THE Palayamkottai Municipality is the appellant in both the appeals. THE Respondent in each of the appeals are husband and wife respectively. THEy are owners of Door No.27, Arumani Street, Palayamkottai. THE appellant launched prosecution against the husband and wife for having constructed a room and a toilet in the first floor contrary to the provisions of Sec.187 of the District Municipalities Act, 1920, after giving a notice as contemplated under Sec.216(2) of the Act.

(2.) THE trial Court found the respondents guilty. On appeal, the Assistant Sessions Judge, Tirunelveli acquitted the respondents on the ground that no proper order has been passed as contemplated under Sec.216(1) of the Act.