H.K. DASTUR Vs. W.S. THIRUGNANASAMBANDAN

JUDGEMENT

(1.) THE Petitioner, who is being prosecuted by the Sanitary Inspector, Division Nos. 93 and 94, Corporation of Madras, for contravention of Bye -law Nos. 304 and 349 of the Madras City Municipal Corporation Act seeks a quashing of the proceedings against him on the ground that the prosecution is not in accordance with law.

(2.) THE Petitioner is the Managing Trustee of the Phil and Mary and Clubwalla Jadav Trust founded by late Mrs. Clubwalla Jadev under a registered Trust Deed, dated 14th December, 1974. As per the Trust Deed, the Petitioner is to manage the Jambazaar Market at Triplicane and distribute the income from the market to various social, religious and educational institutions.

(3.) THE Petitioner's contention is that he is unable to plaster the walls or even whitewash the premises as the occupants refuse to vacate the premises even for a few days for the works being done. He had approached the police, the Public Health Authorities and the Corporation Staff to render help in carrying out the repairs, etc., but all of them have pleaded their inability to help the Petitioner. When the Petitioner took steps to have the occupants removed from the market for complying with the conditions of the licence, the vendors filed a suit O.S. No. 2381 of 1980 on the file of the City Civil Court, Madras, and obtained an injunction against him in I.A. No. 7020 1980 and effectively restrained him from interfering in any manner with their possession of the stalls. The Petitioner would then say that the Sanitary Inspector must have part taken action against the actual offenders, viz.. the occupants of the market stalls, before filing prosecution against him. Lastly, the Petitioner has stated that he is always willing to spend any reasonable amount to carry out the works, provided the authorities give him assistance to remove the vendors at least for a few days. On these grounds, the Petitioner seeks quashing of the proceedings.