T.P. ABDUL SHAKOOR Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the Petitioner seeking to quash the case in S.T.C. No.11 of 2021 on the file of the learned Judicial Magistrate No.II, Tambaram.

(2.) The case of the Prosecution is that the Petitioner is having a property (B-2 Land) situated at Rajendra Prasad Road, C. Pallavaram, Chennai-600 043 in GLRS. No.338/299, within the local body limits of the Office of Respondent and he submitted a Building Plan for constructing a building to an extent of 470 sq.ft.. in Ground Floor & 1st Floor in the said property. The Respondent vide Letter, dtd. 31/1/2019 approved the Building Plan submitted by the Petitioner. While so, after obtaining the approval from the Respondent, the Petitioner had constructed a building to an extent of 1,670 Sq.ft. in Ground & 1st Floor and thereby, deviated from the sanctioned plan of Cantonment Board. Therefore, the Respondent had issued a Show Cause Notice to the Petitioner on 12/9/2019, but, even after the receipt of said Show Cause Notice, the Petitioner had continued the unauthorized Construction work. Thereafter, the Respondent vide Order, dtd. 22/6/2020, directed the Petitioner to stop the unauthorized Construction work forthwith. However, the Petitioner did not stop the Construction work. So, the Respondent vide Statutory Notice, dtd. 30/7/2020, directed the Petitioner to remove the unauthorized construction within 7 days from the date of receipt of that Notice, but, even after the receipt of said Statutory Notice, the Petitioner had not stopped the unauthorized Construction work. Hence, the Respondent has filed a Complaint before the Court of learned Judicial Magistrate No.II, Tambaram seeking to punish the Petitioner with maximum Fine as stipulated under Ss. 244 & 247 of the Cantonments Act, 2006 (hereinafter referred to as 'Act'). The said Complaint was taken on file in S.T.C. No.11 of 2021. Hence, the present Petition.

(3.) The learned Counsel for the Petitioner submitted that the Respondent vide Letter, dtd. 31/1/2019, approved the Building Plan submitted by the Petitioner for proposed demolition and re-construction of Commercial building in Ground Floor, 1st Floor & 2nd Floor in the aforesaid property of the Petitioner. Pursuant to the approval of Respondent, the Petitioner had commenced the Construction work in his property. While so, the Respondent sent a Show Cause Notice, dtd. 12/9/2019 to the Petitioner stating that the Petitioner made the construction to an extent of 1,200 sq.ft.. in Ground Floor & 1st Floor and deviated from the sanctioned plan of Cantonment Board and thereby, committed an offence under Sec. 247 of the Act. Thereafter, the Respondent vide Order, dtd. 22/6/2020, directed the Petitioner to stop the Construction work forthwith. After the receipt of said Order, the Petitioner vide Letter, dtd. 29/6/2020, requested the Respondent to revoke the Order, dtd. 22/6/2020, but, without considering the same, the Respondent had filed the Complaint against the Petitioner. He further submitted that as per Sec. 337 of the Act, unless a Complaint has been made against a person, within a period of six months from the date of Commission of offence, no Court shall try such person for the offence punishable under the Act. In the present case, the Show Cause Notice was issued to the Petitioner on 12/9/2019, whereas, the Complaint was filed on 8/1/2021 i.e., more than 1 year from the date of issuance of Show Cause Notice. So, the Complaint filed by the Respondent is barred by limitation under Sec. 337 of the Act. Therefore, the learned Counsel prayed this Court to quash the Complaint filed by the Respondent and to dispense with the personal appearance of the Petitioner before the Trial Court.