THE COMMISSIONER TAMBARAM MUNICIPALITY 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 complaint 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.) CHALLENGING the judgment of acquittal passed under Section199 r/w 317 of the Tamil Nadu District Municipalities Act, 1920 the learned counsel appearing for the appellant would submit that the respondent herein has made an additional construction to an extent of 390 sq.ft in Survey No. 321 (part) at Door No. 22, Muthurangam Street, without obtaining proper permission. Hence, the notice was issued to the respondent/accused. Even though the respondent has submitted Ex.P.2/Application seeking permission for construction, the Ex.P.3/Notice dated 24.12.2004 came to be issued and it was served on the respondent which is evidenced from Ex.P.4/Acknowledgment. Thereafter, the appellant/complainant preferred Ex.P.5/Complaint before B6 - Tambaram Police Station and pursuant to the same, the Sub - Inspector of Police, B -6, Tambaram Police Station sent Ex.P.6/Letter seeking for opinion from the learned Government Pleader regarding the steps that has to be taken in the matter. The learned Government Pleader, District Munsif Court, Tambaram has given Ex.P.7/Reply dated 30.12.2004 wherein it was stated that the police cannot initiate action against the respondent. Thereafter, the respondent herein filed a suit and obtained an order of injunction. However, the order of injunction was subsequently vacated and the I.A. No.188/2005 was dismissed. The said order passed by the Trial Court is marked as Ex.P.8.