THE COMMISSIONER, TAMBARAM MUNICIPALITY Vs. KOTHANDARAMAN

JUDGEMENT

(1.) THE complainant in C.C. No. 3479 of 1976 on the file of the Court of the Judicial II Class Magistrate, Saidapet, has directed this revision petition challenging the order passed by the said Magistrate dismissing his complaint under S. 468(2), Crl. P.C. on the ground that it is barred by limitation.

(2.) THE facts of the case as alleged in the complaint lie in a very short compass, viz., that the respondent -accused committed an offence punishable under S. 199 read with S. 317 of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the Act), in that on 23rd September, 1975 at S. No. 353/Part, Thambaram Village, he commenced the construction of a building without obtaining prior permission from the executive authority of the Municipality. The Court below, taking into consideration the fact that the offence complained of is punishable with fine only and that the said complaint has been filed before the Court on 5th August, 1976 beyond the period of six months from the date of the commission of the offence, dismissed the complaint under the erroneous view that S. 468(2)(a) is attracted.

(3.) AT the outset, it may be stated that the Act is a special law within the meaning of Ss. 41 and 42 of the Indian Penal Code. There is a special provision under the Act, viz., under the proviso to S. 347. reads thus: