VEERARAGAVA MUDALIAR Vs. CHAIRMAN, MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioners, the Mittadar of Devasthanam Mitta and his son, seek to revise the conviction recorded against them under Section 313 read with Section 362, District Municipalities Act, by the Sub-Magistrate, Vaniyambadi, which was confirmed by the Joint Magistrate, Tirupattur.

(2.) They were fined Re. 1 each. The offence charged against them was that they had cut and removed trees from four town survey numbers, namely 1166, 1227, 1225 and 1228. The Municipal Council claimed those properties as vested in it. Therefore the petitioners were charged with having violated Section 362, District Municipalities Act, by cutting and removing trees therefrom. Both the Magistrates found that the four survey numbers above mentioned were properties which vested in the Municipal Council of Vaniyambadi. The argument of the learned advocate for the petitioners in this Court is twofold: (1) that the acts charged do not amount to an offence under Section 362 (2); that the properties from which the trees were cut have not been shown to be properties vested in the Municipal Council.

(3.) Section 362 says: No person shall, without authority in that behalf, remove earth, sand or other materials... from any land vested in the Municipal Council, or river, estuary, canal, back water or water course (not being private property)....