SANTHANAPITCHAI FERNANDO Vs. COMMISSIONER

JUDGEMENT

(1.) THE petitioners have filed this petition seeking to quash the proceedings in S.t.C.No. 1604 of 2005 on the file of the learned Judicial Magistrate No.1, Tuticorin.

(2.) THE respondent herein has filed a complaint against the petitioners herein for the offence under section 216(3) and 317(b) of the District Municipalities Act, (V of 1920). (Herein after referred as Act).

(3.) THE learned counsel for the respondent submitted that though the notice was given on 26.04.2003, it was only a show cause notice as contemplated under section 216 of the Act. Section 216(2) & 216(3) reads as follows: "216(2):THE Executive Authority shall serve a copy of the provisional order made under sub-section(1) on the owner of the building or well together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed. 216(3): If the owner fails to show cause to the satisfaction of the executive authority, the executive authority may confirm the order with any modifications he may think fit to make, and such order shall then be binding on the owner."