V C VISWANATHAN Vs. COMMISSIONER OF SATHYAMANGALAM MUNICIPALITY
LAWS(MAD)-2003-9-113
HIGH COURT OF MADRAS
Decided on September 30,2003

V.C.VISWANATHAN Appellant
VERSUS
COMMISSIONER, SATHYAMANGALAM MUNICIPALITY Respondents


Referred Judgements :-

BOMBAY MUNICIPALITY V. YENKANNA ELLAPPA BALARAM [REFERRED TO]


JUDGEMENT

- (1.)The above criminal original petition has been filed under Section 482, of the Code of Criminal Procedure praying to call for the records relating to S.T.C. No. 219 of 2003 from the file of the Court of Judicial Magistrate, Sathyamangalam, Erode District and quash the same as against the petitioner.
(2.)ON a perusal of the materials placed on record and upon hearing the learned counsel for the petitioner and the learned Government Advocate on the Criminal side it comes to be known that the respondent has filed a complaint before the Court below in S.T.C. No. 219 of 2003 as against the petitioner for the offences punishable under Sections 262 and 313 of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the :Act') and when the same is pending trial, the petitioner has come forward to file the above criminal original petition.
(3.)In his petition, the petitioner would submit that the respondent has filed the complaint on ground that he has not obtained the licence for running a private market in his ginning factory during 2002-2003 at No. 6/50, Karattur Road, Sathyamangalam, Erode District and that the petitioner has not complied with the notice dated 24-10- 2002. The petitioner would further submit that the term 'private market' is not defined in the Act and hence the prosecution is not warranted; that to attract the provisions of Sections 262 and 313 of the Tamil Nadu Municipalities Act, the prosecution must have a clear case against the petitioner; that there is no proof or material placed before the trial Court to show that the petitioner has collected any money or toll by way of benefits for running the alleged private market; that the respondent without declaring the place of occurrence as a private market, prosecuting the petitioner for running the private market is premature and liable to be quashed and hence, the petitioner has filed the above criminal original petition for the relief extracted supra.


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