COMMISSIONER Vs. K S DEVARAJ

JUDGEMENT

(1.) The complainant as an appellant challenging the judgment of acquittal passed by the learned Judicial Magistrate, Tambaram in S.T.C.No.28 of 2005 on 26.04.2007 acquitting the respondent/accused from charges under Section 199 r/w 317 of the Tamil Nadu District Municipalities Act, 1920 has preferred the present appeal.

(2.) The learned counsel for the appellant/complainant would that the respondent who is the owner of the property bearing Door No.22, Muthurangam Street in Survey No.321 (part) had put up unauthorised construction to an extent of 390 sq.ft., without obtaining prior permission from the Municipal authorities. Though, the respondent/accused had submitted Ex.P.2/Application seeking permission for construction, the same was rejected vide Ex.P.3/Notice and it was served on respondent, which is evidence by Ex.P.4/Acknowledgment Card. Since the respondent made unauthorised construction, the Commissioner, Tambaram Municipality preferred Ex.P.5/Complaint before the Sub-Inspector of Police, Tambaram Police Station seeking to initiate action against the respondent. The S.I of Police vide Ex.P.6/letter sought for opinion from the learned Government Pleader, District Munsif Court, Tambaram for initiating action against this respondent in pursuant of the complant filed by the Commissioner, Tambaram Municipality. The learned Government Pleader through his Ex.P.7/Reply had opined that police authorities shall not initiate action against the respondent. Hence, the appellant herein filed a chargesheet against the accused under Section 199 r/w 317 of the Tamil Nadu District Municipalities Act, 1920.

(3.) The Trial Court, after considering the oral and documentary evidence has acquitted the respondent/accused, against which the present appeal has been preferred.