(1.) The accused has been convicted by the Taluk Magistrate of Tiruvellore, under Sections 159(1) and 207(1) of the Madras Local Boards Act (XIV of 1920), for failure to comply with a notice issued to him to remove an encroachment on a public road lying within the limits of the Tiruvallore Union. The encroachment consisted of a mud koradu in front of the accused's house. He first began to raise it early in 1916. Ever since 1918, the accused, the Taluk Board and the Revenue authorities had been in communication with each other regarding the removal of this encroachment. After showing an inclination to accept a temporary patta on payment of a small rent, the accused finally declared that he had acquired a prescriptive title to the land said to have been encroached upon by him. Some time after, the Union Board passed a resolution directing the issue of notice to the accused to remove the encroachment. This notice, Ex. M (2), was accordingly issued on the 25 of June 1923. Later on the Union Board sent a fresh notice, Ex. M. (7), dated the 16 of July 1924, for the same purpose ; and as the accused did not comply with the requisition contained in it, proceedings were commenced against him on the 11 of August, 1924.
(2.) On a consideration of the evidence, the Taluk Magistrate held that the koradu in question was an encroachment on a public road which vested in the Union Board of Tiruvellore and finding the accused guilty of having failed to comply with the notice issued by the Union President directing its removal he convicted him under Sec. 159(1) read with Section 207 (1) of the Local Boards Act and sentenced him to pay a fine of Rs. 30 and, in default, to undergo simple imprisonment for a week.
(3.) It is argued on behalf of the petitioner that the Sub-Magistrate should have dismissed the complaint on the ground that the prosecution is barred by limitation under Section 223 of the Local Boards Act. Section 223 provides that No person shall be tried for any offence against the provisions of this Act, or of any rule, or bylaw made under it, unless complaint is made by the police or the President of a Local Board, or by a person expressly authorized in this behalf by the Local Board or its President within three months of the commission of the offence.