COMMISSIONER, MUNICIPALITY, MANNARGUDI Vs. KRISHNAMURTHI AND ANOTHER

JUDGEMENT

(1.) THESE two appeals have been filed by the Commissioner of Mannargudi Municipality against the judgments of the learned Judicial Second Class Magistrate, Mannargudi in C.C. Nos. 2232 and 2233 of 1976, acquitting the accused in the two cases, of offences punishable under Ss.249 and 313 of the Tamil Nadu District Municipalities Act, hereinafter referred to as the Act. The Commissioner filed two complaints in the aforesaid two cases against the two respondents for offences punishable under Ss.249 and 313 of the Act, on, identical allegations, and though two different Judgments have been delivered by the learned Judicial Second Class Magistrate, the judgments are identical except for the names of the respondents. The arguments in both the appeals were heard together and therefore, it is convenient to dispose of both the appeals by a common judgment.

(2.) THE Municipal Council, Mannargudi, by its resolution No. 449, dt. 28th February,. 1975, increased the rate of levy of license fee for dangerous and obnoxious trades. Among the trades for which the license -fee was increased was retail sales of food grains, groundnuts, chillies, jaggery, cotton seeds and other agricultural produce likely to attract rats. The license -fee which was existing on the date of the resolution was Rs. 5 perannum and by the aforesaid resolution, this was increased to Rs. 30 per annum. The two respondents obtained orders of the Sub -Collector, Mannargudi, authorizing them to deal in retail sale of rice or paddy in the premises described in the certificates issued to the respondents. Thereafter, they applied to the municipality to grant them licenses to carry on the said retail sale in the respective premises and remitted a sum of Rs. 30 each, which is the fee prescribed in the aforesaid resolution. The applications were neither granted nor rejected. Instead, the Commissioner has issued notices, dt. 2nd March, 1976 to the respondents informing them that the license -fee fixed for retail business is Rs. 100 and directing them to pay the balance with penalty at the rate of 25 paisa per rupee within a week after the receipt of the notice and promising to consider the applications therefore. The Commissioner has also held out a threat to initiate legal proceedings against the applicants if the amounts demanded were not paid. However, the applications were not rejected.

(3.) THE learned counsel for the Commissioner wants me to read the communications, dated 2nd March, 1976, marked as Ex.P.2 in both the cases as rejections of the applications. I am unable to find any such order in Ex.P2. In Ex. P2, the Commissioner has merely promised to consider the applications on payment of the balance. It is not a final order rejecting the application. Therefore, the aforesaid deeming provision in the Act can be availed of by the respondents herein to conduct their retail trades.