VELLORE MUNICIPALITY Vs. RAJESWARI AMMAL

JUDGEMENT

(1.) THIS is an appeal by the Vellore Municipality represented by its Commissioner against the order of the learned Judicial second Class Magistrate Vellore, passed in S. T. R. No. 15833 of 1977 acquitting the respondent of the offences with which she was charged under the Tamil Nadu district Municipalities Act, hereinafter referred as'the Act.

(2.) THE facts of the prosecution case are within a narrow compass. THE accused constructed a building in deviation of the plan submitted and approved by the Municipality P. W. No. 1, the Town Planning Inspector, after inspecting the construction by the accused at No. 32, Kattai Subhedar St. , found that the construction bad not been done according to the plan approved end sent a report to his superior officers on 28th October, 1976, by Exhibit p-2. On 27th November, 1976, a provisional order, dated 1st November, 1976, was served on the accused as contemplated under the provisions of the Act It is Exhibit P-3. On 13th December, 1976, this provisional order Exhibit P- 3 , was confirmed by a final order, exhibit P-4 and it was served on the accused on 24th December, 1976. On 5th january, 1977, the accused submitted an altered plan Exhibit P-5 regarding the concerned property. THE said altered plan, after consideration by the municipality was rejected on 2nd March, 1977, under Exhibit P-6 and it was served on the accused on 4th March, 1977.