SPECIAL OFFICER NAMAKKAL MUNICIPALITY NAMAKKAL Vs. S KRISHNAVENI

JUDGEMENT

(1.) THIS is an appeal preferred by the Special Officer, namakkal Municipality, against the order passed by the Learned Judicial Second class Magistrate, Namakkal, in S. R. No. 311 of 1979 acquitting the respondent who was charged for an offence under section 205 (1), (2) and (3) read with 317 (a) of the Tamil Nadu District Municipalities Act, 1920, hereinafter referred to as the Act.

(2.) TO bring home the guilt of the accused, the prosecution has examined Thiru Chellamuthu TOwn planning Inspector, Municipal Office, Namakkal, as the only witness.

(3.) THE learned counsel appearing for the respondent contended that the prosecution is not for contravention of any rule framed under the Act but specifically for contravening S. 205 (1), (2) and (3) of the act. According to him, Schedule V of the Act deals with purposes for which the premises may not be used without a licence under section 249 of the Act and as the prosecution against his client is not for contravening any condition after obtaining licence under S. 249 of the Act, the present prosecution is without any foundation.